Recently, Mr. Jia Yan, Mr. Lv Yue and Mr. Chen Zirong (hereinafter referred to as the defenders) defended a suspect in a provocation case. The case achieved the effect that the suspect was released on bail on the 35th day after detention and the case was closed without prosecution on the 99th day.

I. Prompt Response, Defense Facilitates Reconciliation and Understanding, Repairing Damaged Community Relationships

On June 11, 2024, the suspect, who had previously arbitrarily damaged other people's property on several occasions[1], was criminally detained by a district public security bureau on suspicion of picking quarrels and provoking trouble. On the 2nd day of the case, the defender accepted the commission and went to the detention center for several times to meet with him, understood the basic case, provided the suspect with adequate legal advice, and was also informed of the suspect's wish to apologize to the victim as soon as possible and to make compensation in place. Within a few days, with the assistance of the defense, the suspect's family successfully reached an understanding with a number of victims [2]. This laid a solid foundation for the next step.

Second, tightly, three times to submit an application for bail pending trial, recognized by the police contractor

After the defense submitted to the contractor police to the understanding signed by the victim and other documents, on June 18, June 20, June 25, respectively, submitted an application for bail pending trial [3] [4]. Before and after the submission, the defense and the contractor police officers on the factual basis, legal basis, social situation and other full exchanges, the contractor police officers fully agreed. Although a district public security bureau of the grasp of the scale of bail pending trial is relatively strict, did not immediately agree to bail, but the suspect and the defense have seen hope.

Third, the first time, submit a proposal for non-approval of the defense, received in advance of the non-approval of the decision letter

July 11, the first time the defense from the contractor police were informed of a district public security bureau has been to a district procuratorate to approve the arrest [5]. The following day, the defense immediately to a district procuratorate proposed not to approve the arrest of the defense opinion, which not only includes the factual basis, legal basis, but also a large number of cases as an attachment. July 16, only five days after the request for approval of arrest, the suspect's family members received in advance of a district procuratorate decision not to approve the arrest of the decision letter [6], which is relatively rare [7].

From June 11, when he was detained, to July 16, when he was released on bail pending trial, the suspect had been in custody for 35 days. Although it was only 2 days earlier than the regular situation, it brought rare comfort to the suspect and his family.

Fourth, strike while the iron is hot, submit a proposal for non-prosecution of the defense, and timely access to the decision not to prosecute

On August 9, the case entered the examination and prosecution stage. With the previous good foundation, the defense continued to submit to the contractor prosecutor suggested not to prosecute the defense, the contractor prosecutor's recognition and affirmation. After many communications, for the suspect to obtain a plea of guilty and relative non-prosecution [8].

On September 25, in the witness of the defense, the suspect in a district prosecutor's office signed a plea of guilty and acceptance of punishment, and received the decision not to prosecute and the decision to lift the bail waiting for trial. Thus, the case is closed.

Notes:

[1] Article 293 (3) of the Criminal Law, forcibly taking or arbitrarily destroying or occupying public or private property, where the circumstances are serious.

[2] Article 9 of Part III of the Supreme People's Court's Guiding Opinions on Sentencing for Common Crimes states, “For those who have actively compensated the victim for the financial loss and obtained an understanding, the baseline sentence may be reduced by up to 40%, taking into account the nature of the crime, the amount of compensation, the ability to make compensation, and the degree of guilty plea and remorse.”

[3] Article 67(2) of the Criminal Procedure Law, where a sentence of imprisonment or more may be imposed and the use of bail pending trial does not pose a social danger.

[4] The Criminal Procedure Law makes no provision for the number of times an application for bail pending trial may be made, and in practice an application for bail pending trial is, in principle, made once at a stage. In this case, because of the special nature of the case, the defense broke the rule.

[5] Article 80 of the Criminal Procedure Law provides that the arrest of a criminal suspect or defendant must be authorized by the people's procuratorate or decided by the people's court, and carried out by the public security organs.

[6] Article 91, paragraph 3, of the Criminal Procedure Law provides that the people's procuratorate shall make a decision to approve or disapprove an arrest within seven days of receiving a letter from the public security organ requesting approval of the arrest. If the people's procuratorate does not approve the arrest, the public security organ shall release the person immediately upon receipt of the notification, and shall promptly inform the people's procuratorate of the status of implementation. For those who need to continue the investigation and meet the conditions for release on bail pending trial or residential surveillance, they shall be released on bail pending trial or residential surveillance in accordance with the law.

[7] In practice, the people's procuratorate usually makes a decision to approve or disapprove an arrest on the seventh day, rarely earlier. And the few early instruments, mostly because the case has a greater social impact, such as early approval of the arrest decision. In the present case, the decision not to authorize the arrest of a person who was released early is very rare.

[8] Article 177, paragraph 2, of the Criminal Procedure Law provides that the people's procuratorate may decide not to prosecute a person who has committed a crime of minor significance and who does not need to be sentenced or exempted from punishment in accordance with the provisions of the Criminal Law.