Recently, Beijing King&Capital Law Firm partner Li Jingyu lawyer represented a rape case. After unremitting efforts, the procuratorate decided not to arrest, the client successfully released on bail pending trial, was successfully "rescue".

I. Background of the case

Recently, living in a district of Beijing, Xu Mou was suspected of rape was criminally detained.

Loved ones "lost" a few days, the family was anxious. Only through multiple inquiries to know the original Xu is into the detention center. Through friends, the family traveled to King&Capital law firm, hope that Li Jingyu lawyer can represent the case.

In the process of talking to the family lawyer found that the family is only sporadic to explore some of the minutiae of the news: Xu did have sex with the woman, the woman has injuries, the criminal detention is determined to be the crime of rape. Nothing else is known.

"had sex, but also injured people, it is not rape on the strange. He is usually not like this ah, how can do this thing ah?" The family said in despair during the meeting with the lawyer.

According to the available information, the case does show very typical characteristics of rape. However, according to Li Jingyu lawyer years of experience in handling sex crimes, especially rape cases: the truth is really not necessarily so.

Li Jingyu lawyer told the family: "rape suspects in the judicial process, the performance of the investigating authorities compared to other types of cases will be more cautious. And the information disclosed fragmented, can not yet prove that constitute the crime of rape, do not need to be too anxious."

At the same time, Li Jingyu lawyer encourages the family to believe in their loved ones and lawyers. Li Jingyu lawyer's professionalism and sense of conviction gave the family great comfort and confidence, and laid a good foundation for the subsequent work.

Second, the case through

Li Jingyu lawyer accepted the commission, deeply time is short. Because according to the case experience, if the lawyer does not seize the time to meet the suspect, one is unable to quickly grasp the first-hand data and information, and thus unable to provide effective countermeasures for the current situation. Secondly, if it happens to meet the case in advance to report to the procuratorate to approve the arrest, the work will fall into a huge passive and risk.

Xu's detention center is a lawyer to meet with the appointment system, how to quickly meet with the suspect has become the biggest problem.

Li Jingyu lawyer first in the first time to the detention center to express the wish to meet as soon as possible, however, the detention center does not "buy".

Li Jingyu lawyer is not discouraged, because he believes: "not forgetting, there will be an echo!" This is also the motto of Mr. Li Jingyu. After repeated exchanges and communication with the detention center, the detention center finally agreed to help "cut in", and finally in the third day of accepting the commission on the smooth meeting with Xu.

In the process of meeting Xu Mou, Li Jingyu lawyers by questioning Xu Mou, the process of the relevant facts of the case like a movie film frame by frame deconstruction, and gradually restore the truth of the case: the two sides are in the case of voluntary sexual relations. At the same time, the woman's injury is the relationship between the two sides, due to emotional disputes occurring quarrels, and ultimately caused by mutual assault.

With years of experience in dealing with related cases, Li Jingyu lawyer quickly found a way to break the woman's lies, and formed a detailed written "application for bail pending trial".

However, the communication with the criminal investigation contractor police officers initially did not go well, they refused to communicate with the lawyer for various reasons the problems of the case. But these problems for King&Capital lawyers, can be said to be "five mountain curving to rise fine waves, umeng pounds go mudballs."

In the top of the other side of the brutal attitude and actively communicate with the repeated, and try to coordinate through the relevant leaders, finally Li lawyer was able to communicate with the criminal investigation side of the in-depth views of the bail pending trial, and submitted the "bail pending trial application". In the lawyer's efforts, in order to reduce the client was detained for a period of time, the case can be early arrest. Subsequently, Li Jingyu lawyer and the contractor prosecutor for efficient communication, and submitted the "not approved arrest opinion".

In the end, the Procuratorate decided not to approve the arrest of Xu, the criminal investigation also decided to take bail measures, Xu regained his freedom. Although the process of twists and turns, but through the careful preparation and efforts of King&Capital lawyers, and finally have a satisfactory result.

Third, the case summarizes

The judicial determination of rape case to "sexual behavior against the will of women" as the core, the victim statement in the detection of the case has decisive significance. In practice, the investigators due to the victim's false statement and be misled, and then the risk of mischaracterization should not be underestimated. Therefore, the first time to break the lies, clean up the facts is particularly important.

Sex-related crimes have their own uniqueness, the most typical defense of rape cases. When the case of rape, "one to one" verbal evidence, lawyers need to clarify the idea, targeted falsification; in some specific cases even need to take the initiative to obtain evidence, targeted evidence. Generally speaking, through the analysis of the defendant's verbal evidence and other circumstantial evidence collection, sorting and use, in the "corroboration of the rule" on the basis of, can make the delusion is not broken.