In August this year, suspected of provoking trouble case of well-known central enterprises “boss” X so-and-so, received a city of Jiangsu Public Security Bureau sent the decision to withdraw the case, the case finally ushered in the grand finale, and is not guilty of the “happy ending” type of ending. Experienced this scare, see the central enterprises in shenzhen branch gradually on track, x moumou's career to a higher level, as the defense of this case zhou wenda, pan nan yu lawyers, doubly gratified. In fact, no matter whether the case is big or small, what is the result, King&Capital lawyers will certainly do one hundred percent of the efforts to fight for that less than one percent of the hope.
At the end of the 1970s, in Deng Gong's push, the city of Shenzhen in the next 40 years all the way to run wild, became the modern world of science and technology, the city of innovation. In this hot land in Shenzhen, there are countless star science and technology enterprises, China's energy, network information, culture and tourism and other areas of the central enterprises have also set up a branch in Shenzhen, or even directly to the headquarters placed here.
The parties in this case X so-and-so, formerly the general manager of a central enterprise in Beijing, is also a leader in the industry, usually for the headquarters to undertake a large number of revenue generation, is a rare talent. Based on this, the headquarters of the Shenzhen branch of the burden entrusted to him. After taking office, X so-and-so soon with a number of Shenzhen enterprises to successfully establish cooperation, do a good job, headquarters has repeatedly praised. However, the market can not always be smooth sailing, disputes between companies occur from time to time, and every time in X Moumou's efforts, the Shenzhen branch can always be saved. However, in March of this year, one day in the early morning, X Moumou but because of a provocation was criminally detained, so that everyone was surprised.
A late-night arrest, business stagnation
In March of this year in the early hours of the day, X Moumou finally end of a busy day back home in Beijing, see the family heart full of joy, will be satisfied to sleep. Suddenly, his wife heard a burst of knocking, although curious about who will be at the door in the middle of the night, but still opened the door, only to see 4-5 pugilist standing in the doorway, and self-introduced “We are the police, X Moumou in?” Wife heard, hastily woke up has fallen asleep husband, see more than wearing a public security police uniforms X so-and-so, at the moment still sleepy, but when was handcuffed immediately after wake up, did not have time to ask about the reason was taken away by the police. Leaving a bewildered wife, into the infinite anxiety, sleepless night.
Originally, the early morning to the home to take away X so-and-so police, it is from a city in Jiangsu Province, the public security organs, the reason is that X so-and-so and others in a city in Jiangsu, a large meeting pull off the electric gate, the global live broadcast by the impact of the extremely bad, suspected of provoking trouble constitutes a crime, before a colleague has been detained. With the disappearance of X so-and-so, the entire Shenzhen branch directly into paralysis, the headquarters is nothing, how to deal with? How to rescue X and other colleagues? How to resume operations as soon as possible? How to stop losses? And so a series of problems plagued the family and the company. After repeated consultations, the family found the Beijing King&Capital Law Firm Zhou Wenda and Pan Nanyu lawyers, to discuss coping strategies and entrusted matters. Based on the information the family had learned, the two lawyers believed that the public security authorities had filed a case on the grounds that the public order had been disrupted, but on the one hand, there was insufficient evidence to conclude that X was involved in instructing his colleagues to disconnect the electricity. On the other hand, even if the meeting is a global live broadcast, still need to take into account the number of viewers, because the live broadcast is not public, need to enter the password to log in, watch the group is limited to a small part of the negative impact obviously does not amount to the degree of a criminal offense, Zhou Wenda and Pan Nanyu lawyers have developed a not guilty plea strategy: the evidence is the king, benign communication, and strive to bail, not guilty of the treatment.
Second, the hurricane rescue, thousands of miles to get evidence
In order to grasp the latest case, at the same time taking into account the business has been seriously stalled, the two lawyers decided to rush to a city in jiangsu. After going to the local, Zhou Wenda and Pan Nanyu lawyers learned that the day of the case, there are a number of government leaders to participate in the meeting, the purpose of the meeting is to introduce a listed company in shenzhen in the local investment. The power outage occurred, not only to a listed company in shenzhen brought significant economic losses, but also to the city's investment brought great negative impact, so the local public security organs attach great importance to the case, and quickly set up a case team to detect the case, plan to make the case to build a good business environment in the local typical case, to avoid expanding the negative impact. Facing the high-pressure situation of the local police, Zhou Wenda and Pan Nanyu lawyers can imagine the pressure of the case, but only to rise to the challenge.
In the detention center of the meeting, X a certain person not only fully stated the causes and consequences of the case, and in the two lawyers digging deeper, learned that shenzhen X listed company for X a certain person in the central enterprise shenzhen branch of the cooperation, the case should be the central enterprise shenzhen branch of the original contractors, but was unilaterally broken the contract to withdraw, and X listed company in the meeting after the meeting of the public public publicize the meeting was held successfully. The two lawyers quickly grasped this key information, analyzing that if they could collect evidence that X listed company claimed to have successfully held the meeting, coupled with the fact that the meeting broadcast needed to enter a password and did not belong to the public meeting, they could prove that the public order had not been disrupted, and naturally, they were unable to establish a crime. After giving X a clear idea of the defense of innocence, the two lawyers immediately took a plane to Shenzhen overnight to meet a new round of challenges.
This case involves live broadcasting, then live link is open to the public? How to log in? This requires an objective evidence to confirm. Early in the beginning of the case, Zhou Wenda and Pan Nanyu lawyers gave the need to investigate the evidence-based defense strategy. At this time, precisely confirmed the two lawyers' professional judgment. After arriving in shenzhen, the two lawyers went to x listed companies, unexpectedly ate the door, but got a live link, so soon contacted the notary public, by the notary public full audio and video recording, personally log in to carry out notarization work. In order to further improve the chain of evidence, the two lawyers online and offline comprehensive collection of a listed company released a series of publicity, photos, posters and other evidence of the success of the meeting, and handed over to the notary public. A week later, the notary officially completed, the two lawyers not false trip to shenzhen, which also for the defense of innocence laid a solid foundation.
Third, active defense, finally get bail
Although the notary certificate, but when to submit is the best time? Handed over to the public security or the procuratorate? This is also a test of the criminal defense lawyer's ability to grasp the timing. From the legal level, zhou wen da and pan nan yu lawyers consider provoking trouble belongs to the result of crime, must be the behavior of bad, serious or cause serious disorder in public places, only constitutes a crime, analysis of the police and no specific objective evidence to confirm that the public order has suffered a serious disruption. The notarized document belongs to the objective evidence, timely submitted to the public security, can be early to the police to build this case does not constitute a crime of understanding, so as not to submit to arrest.
After returning to a city in jiangsu, the two lawyers made full use of the notarized document, and immediately formed a defense opinion that it did not constitute a crime. Face to face with the police officer, the two lawyers argued in detail not guilty opinion, and take out the prepared notarized certificate, at the same time meticulous observation of the police officer's attitude, micro-expression. Happily, the police officer patiently listen to the lawyer's opinion, and carefully look over the certificate, immediately said this is the key evidence, will go back to the legal department for instructions. The two lawyers immediately responded, I hope the police carefully distinguish between crime and non-crime, the current business operations have fallen into serious difficulties, it is recommended that bail pending trial, in order to protect the normal operation of the enterprise, otherwise the company can not make ends meet, will directly lead to many employees out of work.
In the face of the defense lawyer's opinion of innocence, the police officer showed a certain degree of entanglement. The two lawyers keenly realized that if they wanted to dispel the police concerns, they needed to add another fire. What was this fire? Thinking about it, it was decided to let the central enterprise to issue a statement that X has made outstanding contributions, side to highlight X's contribution to the country and society. So, the two lawyers with this note issued by the central enterprises, once again found the police officer in charge of the case, was highly recognized by the police officer, flirting with the “you really are not to be messed with”, this half-joking reply instead of letting the defense lawyers put down a big stone in the heart.
The 30th day of detention, the police notification of bail, X Moumou finally reunited with his family again, the work of the enterprise is also back on track. However, for the two lawyers, this is only the first stage of the work has made breakthrough progress, the subsequent defense work is still a long way to go.
Strive for supervision, public security to withdraw the case
In the next few months, how to deal with the case, the two lawyers repeatedly communicated with the police, the public security authorities still delayed the answer. At present, although the bail, but the case is still in the investigation stage, how can we terminate the criminal proceedings continue to promote? The two lawyers still think that can not passively wait, decided to apply to the procuratorate for case supervision. Because before the transfer of examination and prosecution, the procuratorate did not contact the case, no preconceived stereotypes of the case, with a high degree of objectivity, professionalism, the procuratorate once the intervention can strengthen the termination of the case. Said to do, the two lawyers formed a case supervision of the lawyer's opinion, came to the prosecutor's office of the prosecutor's service center. In the detailed elaboration of the lawyer's opinion, the investigation supervision section chief came out to meet, and said very seriously, will definitely communicate with the public security organs of the specific investigation of the case. Since then, the two lawyers have been in close contact with the police and the prosecution to follow up on the progress of the case.
Finally, one day in August, the public security authorities made a decision to withdraw the case, stating “...... provocation case, according to Article 16 of the Criminal Law of the People's Republic of China, the available evidence does not meet the standard of criminal responsibility, and it is decided to withdraw this case.”
The case finally ushered in the grand finale, and is not guilty of “happy ending” type. X Moumou experienced this scare, more than once to the King&Capital lawyers, “you let me know the ultimate spirit of professionalism! In fact, the lawyer's defense work, any thousand words are not as good as the client's recognition. Whether the case is big or small, what is the result, King&Capital lawyers are bound to do their best to fight for the less than one percent of the hope.
