2023 Wang Zhiqiang, Liu Hongyu lawyers accept the family entrusted to handle a prefecture-level city of Shijiazhuang investigating authorities to undertake the white a crime of destruction of computer information systems, recently received a notice from the procuratorate, made insufficient evidence not to prosecute the decision.
First, seek fast, staring at the non-approval of arrest.
The defense team during the investigation of three times with the investigators of the contractor to exchange cases face to face, submitted two legal opinions; to promote the family actively contact with the victim, the full amount of the return of dirty. Apprehension review stage, with the contractor of the prosecutor face-to-face exchanges of reasoned argument: the suspect Bai did not play a role in organizing, leadership, only responsible for the end of the crime of sales behavior, the status of the role of small; only 7 cases involved in the sale of illegal equipment, profit is very small, the social harm is not large; plead guilty to the penalty is always better and actively compensate for the losses of the victims, and other legal opinions, and ultimately, the Procuratorate will not be approved, and the suspect was released on bail pending trial, the Procuratorate. The suspect was released on bail pending trial.
Second, seeking deep, staring at the facts of the case fine digging.
First, in the objective facts of the case, the defender pointed out: the perpetrator just added a device on the outside of the exhaust gas testing equipment, did not enter the computer system programming or data level operation, claiming that does not belong to the crime of destruction. Secondly, at the result level of the case, the defense pointed out that the result of the case did not cause the main software or hardware of more than ten computer information systems to be unable to operate normally, and did not carry out relevant operations on the data stored in more than twenty computer information systems, which should be recognized as a crime with minor circumstances. Third, in the evidence layer of the case, the defense focuses on the analysis of evidence and the relevance of the facts of the case, such as some witness testimony and change the behavior of automobile exhaust and damage to the computer information system does not exist between the direct correlation; in the case of circumstantial evidence can not form the completion of the chain of evidence can not be ruled out reasonable doubt.
Third, seek to stop, staring at the non-prosecution power.
The case entered the examination and prosecution stage, the defense team designed “insufficient evidence not to prosecute as the goal, to discretionary non-prosecution for the grasp” defense strategy, through the submission of relevant cases, authoritative experts, the latest research results, reading notes and charts and other forms of form, to promote the case for two supplemental investigations, and in the case of the third examination and prosecution stage After nearly a year of continuous efforts, the case was finally approved by the court's decision not to prosecute, by submitting the application for hearing and the application for access to relevant evidence, and by cooperating with the submission of relevant materials on humanistic care needed by the suspect's family.