Recently, Niu Xingli, a senior partner of Beijing King&Capital Law Firm, undertook a criminal case of suspected false VAT invoices, and after the client W was approved to be arrested, the defense lawyer filed an application for review of the necessity of detention to the procuratorial authorities for the client, which was approved. Successfully changed the compulsory measure for the client, who had been detained in the detention center for nearly three months, to release on bail pending trial, and the client returned to the society and regained his freedom on the premise of complying with the rules of release on bail.
Relentless defense, and finally get good results
In this case, King&Capital Law Firm's Niu Xingli and Wang Qinnan lawyers were commissioned by W's family to act as W's defense in the case of suspected false invoicing of VAT, and after understanding the case, the defenders believed that although W was suspected of some of the objective behaviors of the crime, but combined with the criminal nature of the suspected crime, his willingness to pay back the tax to recover the loss, his family was suffering from a serious illness, and other objective circumstances and background factors, and he was in compliance with the provisions of the Criminal Procedure Law of China. In line with China's "Criminal Procedure Law" on the conditions of bail pending trial, therefore, for W to change the coercive measures for bail pending trial has become the main goal of the defense of this case.
Defense lawyers in W was detained nearly three months period, several times to the detention center to meet with the client, at the same time, actively with the head of the organizing body to get in touch with the communication of views. In the stage of W was to take coercive measures, to the public security organs submitted the "application for bail pending trial"; in the stage of arrest, to the procuratorial organs submitted to the recommendation of W "not approved arrest legal opinion", at the same time put forward an application for bail; in the stage of investigation, the defense lawyer the first time to read the file, perseverance and continue to the procuratorial organs submitted to the necessity of W's detention review of the "application", fully explain the reasons for the need for continued detention, and submitted to the procuratorial organs, the need for continued detention, and the reason. The reasons for the need to continue detention, and submitted supporting materials.
In the end, the procuratorial authorities adopted the defense opinions in the application for review of the necessity of detention put forward by the defense lawyers, and changed the coercive measures under the execution of the public security authorities, which made W, who had been detained in the detention center for nearly three months, obtain the decision of release on bail pending trial, and he was able to return to freedom and society and family under the premise of complying with the corresponding regulations.
We are committed to applying for qualified "non-custodial" detention.
Realizing the Righteousness of Defense
The defense attorneys who undertook this case, based on a comprehensive evaluation of the facts, objective circumstances, culpability and background factors of the case, concluded that W was eligible for bail, and were committed to upholding his legitimate legal rights. In the case of W's arrest, the counsel was unremitting in his defense, and in accordance with the provisions of the Criminal Procedure Law on the "review of the necessity of detention", and in conjunction with the relevant content of the "Provisions on the Review of the Necessity of Detention Cases Handled by the People's Procuratorates," he insisted on applying for a change in the coercive measures for W, which was ultimately granted by the Procuratorate.
In fact, the social masses to establish a "violation of the law, or even constitute a crime, will face detention and other criminal coercive measures" of law-abiding consciousness, can restrain and even deter more people to comply with the law. But in practice, if there is improper detention, or under the premise of no social harm for some of the eligible, or even do not take detention measures more able to protect social stability of criminal suspects, in order to avoid their detention and out of touch with the community, and thus triggering a new order of conflict, the change of coercive measures, actually more conducive to the realization of the legal system on the constraints of the community and the law on the protection of human rights at the same time. Therefore, the law gives criminal suspects, defendants, their legal representatives, close relatives, defenders in criminal suspects or defendants can still be arrested for the right to apply for the change of coercive measures, and thus more in-depth implementation of leniency in the system of criminal policy.
In this case, the defender successfully applied for the change of coercive measures to release on bail pending trial after the arrest by the Procuratorate, restoring the freedom of the person concerned under the restriction of the rules, making the provisions of laws and regulations on the "review of the necessity of detention" to be put into practice, realizing the due meaning of criminal defense.
