Recently, Mr. Li Jingyu, a partner of Beijing King&Capital Law Firm, represented Ling Mou, a city in the Yangtze River Delta region, in the case of suspected forced indecent assault, and the public prosecution initially proposed a sentence of two years to the court. With the unremitting efforts of the defender and the active cooperation of Ling himself, a better defense effect was achieved: the court finally sentenced Ling to one year's imprisonment, reducing the sentence by half and realizing an effective defense.
Case situation
Ling had repeatedly tailed and assaulted strange women. The public prosecutor argued that this plot of making strangers the target of the crime brought greater social instability, causing great damage to women's sense of security, not only violating the rights and interests of women, but also having a bad impact on social order.
At the same time, the prosecutor argued that the late-night tailing, while no one else was around to commit the crime in a violent and coercive manner, indicating that the crime was committed with premeditation, not on purpose. This shows great subjective harm.
Again, Ling Mou after the case pleaded guilty attitude is very poor, repeatedly in the plea of guilty and not guilty between the “horizontal jump”, always can not truthfully confess. Based on the above facts, the prosecutor believes that Ling Mou not only constitutes the crime of forced molestation, but also should be severely punished, in accordance with the relevant provisions of the recommended sentencing the defendant to two years of imprisonment.
In the face of seemingly clear facts, the evidence is basically sufficient case, the defense lawyer for the case of the defense of the whole idea as early as possible to establish the crucial. “Pre-trial defense” is the focus of the whole case defense, and even its role is greater than the trial itself. The “pre-trial defense” of the “pass” is “a breath of fresh air” - if the middle of the repeated, the effect of defense Will be greatly reduced. This case because of certain factors, there has been a brief “reverse” situation, good in time to set things right, can be said to “mend the sheep, it is not too late”.
Because Li Jingyu lawyer on the case of the precise grasp of the facts, as well as dealing with related cases involving sexual crimes extremely mature defense experience. Of course, this also can not be separated from the profound legal knowledge and the judge's heart of the real idea of meticulous grasp, as well as very creative communication skills and coordination ability. In the end, living up to expectations, the public prosecutor, the panel on the defense of the relevant defense opinions are recognized and adopted. The case was sentenced to one year's imprisonment for Ling according to the law.
Conclusion
In the criminal defense, if the characterization of the crime is not controversial, it does not mean that the defense lawyer can not play its due role. The judicial process consists of “conviction” and “sentencing” two parts, there is no breakthrough in the conviction process, the sentencing process still has a lot of room for manoeuvre, Li Jingyu lawyers are committed to a comprehensive, fine, accurate attitude to face each defense, and make every effort to For the client to strive for the best case results.
