Recently, by the King&Capital law firm ZangDeSheng, HuangKai lawyers handled a case of rape involving alcohol, after the first trial, the second trial, remanded for retrial, finally to the prosecution to withdraw the charges and end, the party's grievances to be clarified, the case has achieved a good defense effect.
This case is an acquaintance drunken relationship accused of rape case, two lawyers based on facts and evidence, focusing on the constitutive elements of the crime of rape, for the case at different stages of the different characteristics, and effectively carry out the defense work.
First, overcome the difficulties of the epidemic, timely and proactive investigation of key evidence
When the epidemic was raging, the defenders in the meeting is limited, the district is not regularly closed under the adverse circumstances, scrambling for time, the fastest speed to meet the parties, fully understand the basic facts of the case, with a wealth of experience, and quickly went to the scene of the crime to investigate the case may be the existence of key evidence to analyze the case, and timely to the public security organs submitted to the important clues in possession of the relevant forensic recommendations. After the investigation and prosecution stage, through careful and meticulous analysis of the case, and actively communicate with the authorities, and overcome the difficulties of the party's cell phone lock, can not log in, access and timely submission of a large number of key evidence to prove the relationship between the party and the other side, for the success of the defense of this case has laid a solid foundation.
Second, eat through the evidence material, for the prosecution to break down each opinion
At the first trial stage, the defense attorney of the prosecution evidence word by word, frame by frame analysis and comparison, especially by comparing the transcript and the same record, found that there are more problems with the prosecution evidence. In the first trial, the defense based on a comprehensive and in-depth grasp of the evidence of the prosecution and defense, the logic of the accusation to launch the defense. Although the court of first instance made a guilty verdict, but also make the real face of the case to the maximum in front of the higher procuratorate, the court, so that the higher judicial organs fully aware of the existence of this case of special circumstances, so as to strive for the court of second instance of the prudent treatment.
Third, based on scientific conclusions, focusing on revealing the errors of the first trial
At the second trial stage, the defender in the full protection of the privacy of the parties under the premise of the relevant scientific issues to the public security forensic medicine, poison identification and neurology field experts repeatedly for experts on the metabolism of alcohol in the body speed, the reaction to alcohol poisoning and other general explanations, combined with the audio-visual data evidence on the case, on the victim at the time of the crime, whether the ability to control their own behavior, etc., to the second instance prosecution, the legal authorities Provided informative and powerful defense opinions, the second trial prosecutor's office and the court adopted the lawyer's opinion, concluded that the case of the first trial of the facts are not clear, insufficient evidence, the case will be remanded for retrial, and the defendant on bail, so that the defendant in the Spring Festival before the family reunion.
The retrial of the first trial held two pre-trial conference and a trial, the defense in the court comprehensive, detailed defense views, proactive communication with judicial officers, with solid professional skills and patient and careful attitude, so that the defense opinion by the trial and the adoption of the prosecution, the prosecution in the retrial stage of the withdrawal of the case for the person concerned to get the acquittal results.
The successful defense of this case, in the current emphasis on the protection of women's sexual autonomy, “rape” type of cases of acquittal of the background, for the trial of such cases has a certain demonstration effect, but also to the lawyer's defense work to bring revelation: the criminal defense lawyers need to have a challenge, questioning the spirit of the spirit, be brave enough to break the wrong traditions, in the predicament of defending the legitimate rights and interests of the accused. The legitimate rights and interests of the defendant in difficult circumstances; through the handling of individual cases, change the abnormal judicial status quo, promote the progress of the rule of law, is the important value of criminal defense lawyers.
