Recently, King&Capital Law Firm partner Li Jingyu lawyers on behalf of a rape case, this case can be described as "0" evidence. The victim avoided, the file has no right to access, the party "broken". In the face of such a situation, li jingyu lawyer actively retrieve evidence, evidence of zero breakthrough, found that this case does not exclude the possibility of "false accusation". Actively with the police, the public prosecutor repeated benign communication, and finally for the client to the decision not to arrest, the client successfully released on bail pending trial.
First, after drinking "broken", woke up after being accused of rape
Hangzhou Zhongmou, weekdays good socializing, ushering in a lot of drinking. A drinking party drinking in full swing, a female guest on the table to Zhongmou eye contact, the atmosphere of the atmosphere of the guests are aware of, one after another, "wise" to leave the booth.
However, the early lights, the guests have not yet dispersed, the above female guests but perversely accused Zhongmou of rape behavior. Zhong Mou woke up has been behind bars. Li Jingyu lawyers on behalf of the case will find the case in the strange place.
Second, in the face of "0" evidence, take the initiative, access to evidence
Rape case because of its privacy often appear one to one evidence of the sample. Whose claim is more credible, is the key to determine the existence of rape facts. But this case is "0" evidence, the only direct confrontation with the victim's statement of the suspect's defense of the absence of the case of the defense work worse.
However, the skills of the defense in addition to "passive defense", there are "active attack". The sharpest spear of the defense is "access to evidence". For example, the scene of the crime environmental information, there may be witness information, or injury parts, DNA information, etc. Of course, since the case is due to excessive alcohol consumption "broken" resulting in "0" suspect defense, then the suspect blood alcohol concentration itself is also one of the strongest evidence. The blood alcohol concentration itself is also one of the strong evidence.
After visits, analysis, falsification, and ultimately fortunate not to insult the mission, collected a lot of strong, favorable evidence and clues. This laid a good foundation for in-depth and positive communication with the police and prosecutors.
Third, pay attention to the construction of facts, active defense, and achieve good results
When all the pressure of proof falls on the objective evidence, want to break the victim's false accusations, the quality of objective evidence is required to be more solid and more comprehensive range of proof. Through the objective evidence to build a set of facts in favor of the suspect system is very important. Of course, this can not be separated from the investigating police officer's careful listening, serious evidence; also can not be separated from the public prosecutor's bold assumptions, careful evidence. In the end, under the joint efforts of the public, prosecution and lawyers, the delusion is broken, and the suspect is cleared of any wrongdoing.