On May 30th, the 6th issue of Criminal Defense Semi-Monthly Talks “The Heritage and Innovation of Innocence Defense” organized by the Criminal Department of King&Capital Law Firm was successfully held in King&Capital Law Firm. Mr. Tian Wenchang, Honorary Director of King&Capital, Mr. Zhu Yonghui, Director and Senior Partner of King&Capital, Mr. Cao Shuchang, Senior Partner of King&Capital, Mr. Liu Lijie, Head of the Criminal Department of King&Capital, and Mr. Xia Jun, Senior Partner of King&Capital participated in the event, and Mr. Zhang Pengpeng, Director of Business Management Department, presided over the event.
Innocent case is known as the crown jewel of criminal defense, which is rare and rare but unattainable. King&Capital Law Firm was founded nearly 30 years ago, under the leadership of Mr. Tian Wenchang, adhering to the philosophy of pursuing excellence and living up to the trust, has accumulated rich experience in innocent defense.
Mr. Tian Wenchang, combined with his 39 years of experience in criminal defense, believes that the construction of the rule of law in Chinese society has gone through the initial stage of deep development, in criminal law, the presumption of innocence, evidence adjudication, human rights protection and so on a series of principles, although it has become the mainstream viewpoints and recognized, but due to the impact of the concept of the backwardness of the reality of the resistance, resulting in limited space for the defense of innocence, innocence of the case is few and far between. Few and far between. Talking about the innocent case, behind the excitement is lucky, practice should be innocent and not successful cases are many, leaving countless regrets. He said, lawyers handling the case pursuit of the highest state is to hope for innocence, but those who have the space of innocence but did not achieve innocence of the case is more worthy of attention, it is these cases to wake up we have to be more committed to do a good job of the case, and strive for more cases to get a fair trial. Criminal defense lawyers should strive to promote the progress of the rule of law and the improvement of legislation by handling and summarizing individual cases.
Director Zhu Yonghui believes that the defense of innocence is the highest pursuit of criminal defense lawyers and an eternal problem, which requires lawyers to have profound legal skills, strong logical ability, as well as an extremely strong sense of service and unyielding spirit of resistance. Lawyers should be good at finding breakthroughs in the evidence, overturning or questioning the prosecution's allegations, and constructing factual and legal conclusions of the defendant's innocence. He said, every case is different, lawyers usually have a rich knowledge base, but also be good at studying the different legal relationships in each case. Lawyers should do a good job of the judge's “assistant”, the case of innocence of opinion to the court; The judge should use the lawyer as a “brain”, pay attention to the lawyer's opinion. In a final acquittal case, it is indispensable for the prosecution, defense and trial to work together.
Mr. Cao Shuchang introduced the topic with two successful cases of acquittal, and pointed out the importance of objective evidence in the defense work with the goal of acquittal, although there are many different types of cases and situations, a persuasive piece of objective evidence can fundamentally destroy the accusation. Mr. Cao Shuchang also pointed out that the communication with the prosecutor and the judge is a part of the defense work that cannot be ignored, and that it is easier for the case officers to accept and adopt the viewpoints of the not guilty defense by expressing their views at an appropriate and decent time.
In the interactive session, Mr. Liu Lijie and Mr. Xia Jun expressed their understanding and thoughts on the defense of innocence by asking questions to the three sharers. Lawyer Liu Lijie proposed that the defense of innocence is not only a concept, but also a strategy and a technique. Criminal defense lawyers should carry out the work of not guilty defense based on facts and laws, with reason, evidence and section, guiding the judge to listen to both sides of the case, and through the unremitting efforts of the lawyers, let the case be dealt with justly, so that every participant in the litigation can actually feel fairness and justice.
Combined with the speeches of the three sharers, Mr. Xia Jun summarized the “professional, meticulous, wisdom, courage” of the defense of innocence, which is the foundation of the defense of innocence; when doing the defense of innocence, one should be “bold and meticulous”, details determine success or failure. The communication skills and wisdom of lawyers are especially important when putting forward the opinion of not guilty defense; not guilty defense requires lawyers to have courage, boldness and responsibility. Mr. Xia Jun also expressed his gratitude to the three sharers, the inheritance of the experience of innocent defense is the most valuable treasure, King&Capital colleagues will continue to innovate and develop while inheriting.
The three sharers to the guests of the questions raised one by one patiently answer, combined with China's criminal procedure for many years of development, and further clarified the purpose of the innocent defense. The three sharers agreed that the development of the system of innocent defense and the success of individual cases can not be separated from the joint efforts of public security organs, procuratorates, courts and lawyers, and that the principle of presumption of innocence and other concepts of criminal procedure have not yet been successfully implemented in China's system, and that it is the responsibility of all parties to promote the legal system through individual cases.
The moderator, Mr. Zhang Pengpeng, recommended the book “Techniques and Ethics of Criminal Defense” by foreign criminal defense lawyers, and introduced the viewpoints of the book that “when engaging in criminal defense, especially in the defense of innocence, one should not only have a high level of professional skills, but also have a good state of mind and healthy body”, which is thought-provoking and worth reading and learning.
At the end of the event, Associate Professor of Chinese Academy of Social Sciences University, part-time lawyer of King&Capital expressed her feelings of participation in the meeting, “Doing criminal defense requires sentiment and commitment, King&Capital lawyers adhere to the case of meticulous cultivation, and to be able to surround Mr. Tian, Mr. Cao around the side of the true meaning of the work of criminal defense lawyers continue to feel the specialization of the work of the fortunate.”
