On the eve of the Spring Festival, Li, who was designated by the L City Procuratorate to live under surveillance for the crime of abuse of power, successfully changed the coercive measure to release on bail and awaiting trial with the efforts of his defense lawyers, Xiang Gujing and Zhao Xing, and was able to reunite with his family in the Spring Festival.
The background of the case is complicated
In October 2023, Li Mou (deputy chief of the T City Public Security Bureau) was designated by a provincial procuratorate to be under the jurisdiction of the L City Procuratorate for investigation because he was involved in a “special case” and served as the team leader in 2014, and was suspected of abuse of power and designated as a place of surveillance in the first floor of the basement of a hotel in the location of a provincial procuratorate. Before this, a provincial procuratorate has designated C City Forestry Prosecutor's Office, Li on suspicion of abuse of power crime investigation for three years, but are not settled. This time a provincial prosecutor designated L City Procuratorate and designated to re-explore, the degree of importance can be seen.
Lawyers meet with heavy obstruction
Undertake lawyers in the acceptance of the family entrusted to understand the basic case, then directly to the L city procuratorate to submit proxy formalities, asked to meet with li mou. However, the designated place of residence under surveillance during the meeting with the suspect can be said to be the first lawyer to face the problem.
Currently, criminal suspects, defendants are detained in custody after criminal detention can still meet with lawyers, lighter than “criminal detention” “designated residence” but will not easily let lawyers meet, even if you let see also have to be arranged and present in the case to monitor, listening, and even restrict the conversation Content and time. This has long been the reality of lawyers meet “pointed residence” party difficult, lawyers can not guarantee the right to meet, often be wantonly deprived and difficult to solve the problem. This case is no exception, the lawyer in the L city procuratorate submitted formalities, was told that the case handler “recent out”, need to wait for the case handler to come back in order to arrange a meeting, even if the lawyer and the case handler telephone communication also said that when the case needs to come back is not sure and was refused. Unable to help, the lawyer to the procuratorate prosecution department, still can't give a definite time to meet. In this regard, the contractor lawyer insisted, do not give up, to the relevant departments and reiterated the reasons for the lawyer to meet, while continuing to maintain communication with the case officer, and adhere to the reasoning, emotion. Sincerity to, goldstone for open, in the L city procuratorate submitted procedures a week after the contractor lawyer successfully met with Li. The lawyer met with li mou was arranged in the hotel on the first floor of the guest room, although the case manager insisted on being present, but did not interrupt the lawyer and li mou for 2 hours, and allowed to bring 3 books left to li mou, after the end of the meeting, the case manager introduced the case to the lawyer, answered the lawyer's questions. The family said to the contractor lawyer, such treatment is they did not expect is also unprecedented.
The road to bail more difficult
Through the meeting with li mou, the contractor lawyer for the whole case has a more comprehensive understanding and after careful analysis and judgment, that li mou does not constitute the crime of abuse of authority, and meet the conditions of bail pending trial. So immediately wrote a “bail pending trial application”, submitted to the L city procuratorate, hope to change the criminal coercive measures on li mou, as soon as possible to do bail pending trial. However, the meeting has not easy, and how easy to get bail, how to smooth will be li mou bail has become the contractor lawyer encountered a bigger problem.
In the L city procuratorate submitted to the application for bail pending trial, the case handler really need to the relevant leaders for instructions, investigation takes time, never give a written reply. But the contractor lawyer is not discouraged, still insist on effective communication with the case officer, pointing out to Li Mou to take such a “finger living” there are illegal and harmful at the same time, while inquiring about the progress of the case, requesting a meeting, and at the same time, convey the family's demand, for Li Mou rights. In a number of telephone communication and once again to the L prosecutor's office to request law enforcement supervision of the case and protection of the right to meet with lawyers, the case finally agreed to arrange for lawyers to meet with li mou before the Spring Festival, and after the meeting to change the coercive measures for li mou the same day for the release of bail pending trial, at this time from li mou was designated as the place of residence under surveillance has lasted for three and a half months.
Just before the Spring Festival, Li was successfully released on bail, which is undoubtedly a great news for himself and his family, and with his family this long awaited reunion, I believe that will also be able to inject a light full of hope for the rule of law in the heart of Li.
Of course, the success of the bail is only a small step on the road of defense, the case is still in the investigation stage, the contractor lawyer has a long way to go, but also need to continue to work hard to live up to the client's trust.
