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King&Capital's Zhu Kun and Shi Nui insisted on acquittal defense, and the case of forced molestation was eventually not approved.
Released on:2024-06-25

Recently, King&Capital Law Firm attorneys Zhu Kun and Shi Nui handled a case of suspected forced molestation. When the suspect's family commissioned the case, the case had already entered the stage of reviewing and approving the arrest.

Paragraph 3 of Article 91 of China's Criminal Procedure Law stipulates, “The people's procuratorate shall, within seven days of receiving the public security authorities' request for approval of arrest, make a decision on whether to approve or disapprove the arrest.” Faced with limited time, Mr. Zhu Kun and Mr. Shi Nui urgently met with the suspect to understand the case. The suspect said to Zhu Kun, Shi Nui lawyer, he did not force the victim, the physical contact between the two is through the victim's consent. Through the analysis of the case, Zhu Kun, Shi Nui lawyer that this case does not constitute forced indecent assault crime. At this time, the suspect's family said, through the network search, found that there are online “compensation and understanding of the victim, can get bail” point of view, in order to let the suspect early “out”, the family is extremely hesitant to talk about compensation with the victim first. Zhu Kun, Shi Nui lawyer analyzed to the family, in the current understanding of the facts, if in order to get bail to plead guilty, compensation, and then want to “redress the grievances” will be very difficult. In the end, the suspect's family listened to the professional advice of Zhu Kun and Shi Nui, and approved the innocent defense plan agreed by the suspect himself.

The fifth day after the public security authorities reported the arrest, Zhu Kun, Shi Nui lawyers to the Procuratorate submitted the “should not be ** a lawyer to approve the arrest of the defense,” from the relationship between the two sides, the incident, the reaction, the suspect is not socially dangerous from four perspectives, for the suspect for the defense of innocence. In the end, the Procuratorate listened to the defense opinions of Zhu Kun and Shi Nui, and made a decision not to approve the arrest of the suspect on the seventh day after the arrest was reported by the public security authorities, and changed the mandatory measure to release on bail pending trial, so that the suspect and his family could be reunited.