Recently, Fu Qingtao lawyer defended the case of Wen Mou suspected of committing the crime of intentional destruction of property, during the detention of Wen Mou was changed to a bail pending trial, and ultimately by the procuratorial organs decided not to prosecute.

 the basic facts of the case

 Wenmou and a state-owned enterprise in Shandong Pangmou head of a dispute over the sale of office cabinets, Wenmou and Sunmou and other people discussed the destruction of Pangmou's car. 2023 January 11 evening, Wenmou will be the paint, styrofoam, written Pangmou's home address and the license plate number of the note given to the Sunmou, the mountain by the Yangmou, Pangmou's Honda Accord car splash of paint, the exhaust canisters filled with styrofoam.

Public security organs to intentionally destroy property crime investigation, the price certification center determined that Pangmou vehicle loss value of 5874 yuan.

 in the 37-day golden period of emergency rescue,

 Wenmou was changed to bail pending trial

 Wenmou took the initiative to surrender, the public security organs of its criminal detention. On the basis of the meeting, the lawyer proposed to the public security authorities that according to the facts and circumstances of the case and the performance of the case, mr. Wen did not meet the conditions of arrest, and at the same time pointed out the procedural problems of the investigation of the case, and requested that from the point of view of human nature of law enforcement, and with due consideration to the coming of the Spring Festival this point of time, to change mr. Wen to be released on bail pending trial. After fully arguing and reasoning, justified struggle, the public security organs finally adopted the lawyer's opinion, in the lunar lunar month 27 will be released early, WenMou can in the Spring Festival before the family reunion, this case achieved 37 days of golden rescue period of emergency rescue preliminary victory.

 application prosecution period,

 the lawyer pointed out that the price of this case there is a major problem

 this case transferred to review the prosecution, the lawyer consulted all the file materials, according to years of experience in handling cases and vehicle maintenance knowledge, that the key to break this case is the price of vehicle damage.

To this end, the lawyer and auto repair professionals in-depth discussion, pointed out that the case in the price determination of the following problems: (1) in the delivery procedure, the public security organs did not send the price determination results in accordance with the law, seriously infringed on Wenmou in the investigation stage of the results of the price determination of the objections to the request for re-determination of the right. (2) in the price determination methods and procedures, the vehicle loss price determination results based on the market law, a serious violation of the evaluation (price determination) should choose more than two methods of the legal provisions. Moreover, this case involves a major issue of crime and non-crime, the price determination officer did not investigate the physical object in accordance with the law, the price determination of the conclusion was made in a simple text, a serious violation of the relevant procedural provisions. (3) in the actual loss of vehicles, price determination of the existence of exaggerated losses, arbitrary pricing. Among them, the sedan net replacement 540 yuan, but the sedan net can be solved by cleaning and re-spraying; muffler rear replacement 900 yuan, but the part is not necessary to replace the parts, just physically yanked out of the foam adhesive can be; rear cover and other parts of the spray paint, but the survey photos show that the rear cover has nothing to do with the case; headlamp shell pricing 600 yuan, but the market open price of only 200 yuan; rear bumper, the right hand side The rear bumper, right side and other parts were only partially damaged, and the price of spray paint was abnormally high.

In summary, the lawyer believes that the public security organs of the procedure is illegal, the price determination process violates the relevant provisions, the price determination conclusion is not objective, and therefore apply for the vehicle loss according to the law to re-determine.

 the procuratorial organs to adopt the lawyer's opinion,

 decided not to prosecute the case

 in the price determination of the above major problems, the lawyer and the organizer of the prosecutor has communicated many times, and put forward a department of the initiative to surrender, the case has reached a settlement, should not be prosecuted, and gained the organizer of the prosecutor's understanding and support, the procuratorial organs of this case back to the supplemental investigation.

Public security organs in the supplementary investigation, although supplemented part of the case materials, but the case in the price determination of the key issues have not been resolved. As the vehicle does exist in the case of exaggerated losses, and price determination report was not delivered within the statutory period, the case has lost the conditions for re-price determination, and ultimately the procuratorial authorities decided not to prosecute the case of all four people.

The client was satisfied with the non-prosecution result, and the lawyer's professionalism and perseverance in the handling of the case was recognized by the client, the public security authorities and the procuratorial authorities.