Recently, Mr. Weng Xiaoping and Ms. Wang Xiaoli (hereinafter referred to as the “Lawyer Team”) of Beijing King&Capital Law Firm were appointed as the defenders of a new energy project manager of a group company who was suspected of intentionally destroying cultural relics. Within 24 hours of the occurrence of the case, the team of lawyers responded quickly, and on the night when the client was investigated by the public security authorities, they began to work overtime to study the possible suspected crimes and defense plans, and to promote the entrustment of procedures, etc., and cooperate with the client to speed up the process, and to complete the interviews, search for cases, study and analyze the laws and regulations, soothe the anxieties of the client's family members, communicate with the case manager, and to follow up on the progress of the case. Process. After a lot of efforts, the person concerned was detained on the 26th day, finally received the decision of bail pending trial, our team once again for the person concerned to obtain bail successfully.
This case took place in a large province of cultural relics on the ground, and it is a criminal investigation case derived from the administrative penalty of immovable cultural relics, which needs to be researched and defended from the convergence of execution and punishment, local normative documents, and the decision of administrative penalty.
When the party concerned was criminally detained, the newborn child was not yet a month old, the whole family was very anxious; the group company involved in the case is also the industry leader, in both domestic and foreign markets accounted for a very high proportion.
The lawyer team after meeting and combing, comprehensive research and analysis:
First, the party's unit is not the construction party, the party is not the actual construction of the person in charge, whether there is criminal intent and implementation of the act is doubtful, this can be from the form of the appearance of the project, the substance of the content, the party involved in the project time successively up to find a breakthrough.
Secondly, the lawyer team through the class case search, found that compared with this kind of cultural relics crime general crime situation, this case whether in the object of cultural relics or the application of the basis, the specific circumstances, are different from the general situation, the lawyer team also carefully consult the provincial cultural relics bureau of cultural relics protection unit directory, official publication of maps, studies, etc., read the study of the protection of this kind of immovable cultural relics of the academic books, browse the government officially set up almost all the related to this kind of non-movable cultural relics. Almost all official government websites related to this kind of cultural relics, trying to find the basis of the public security organs accused of constituting a crime, and understand the logic of the public security organs of the investigation.
Subsequently, the lawyer team will research and analyze the results of combing into a legal opinion, submitted to the public security organs, and with the contractor face to face communication, focusing on the case in the characterization of the legal basis is insufficient, improper application of the crime, etc., the public security organs of the contractor on the work of the lawyer's support, understanding, and the importance of the professional opinion of the team of lawyers is very touched.
Accept the commission, when the rare thirteen winds come to Beijing and even north China, the wind outside the house, the client and the lawyer team together to do their best to keep calm, close communication; The person was released on bail, out of the day of the detention center, Beijing and the place of the detention center and the same with a heavy rainstorm. Knowing that the client finally reunited with his wife and children, he is concerned about the work of the company can be back on track, the defender felt the relief of “the same hot and cold”. The next step, the team will continue to follow up on this case and strive for the best outcome for the client.
