Recently, Beijing King&Capital Law Firm, Hu Rui lawyers, Huang Kai lawyers, Liu Sijing lawyers, a team of lawyers, handled a major triad-related cases have made breakthrough progress. After professional, meticulous and efficient defense, the team represented the local public official successfully got rid of the charge of “participating in the crime of triad society nature organization”. This result effectively safeguarded the legitimate rights and interests of the parties involved, avoided the serious consequences of the “triad-related” label, and also fully embodied the professional value of criminal defense lawyers in major difficult cases and the rule of law to bear.
First, the case background: public officials for demolition and relocation coordination work is implicated in the black allegations
This case is a provincial public security bureau of the major gang-related cases, involving many people, the social impact is significant. The indictment accused more than 20 suspects of forming a triad organization, suspected of provoking trouble, opening a casino, extortion and blackmail, mobbing and fighting, forced trading, illegal transfer, selling land use rights and other crimes.
The client represented by the team is a local public official and also a veteran who served as a coordinator of a demolition project. As the project developer was charged with organizing and leading an organization of a triad nature, the public official's coordination at the demolition site was recognized by the public security authorities as a suspected accomplice to the crime of participating in an organization of a triad nature. The client was criminally detained and arrested, faced with serious criminal charges, and suffered a major crisis in his career and family life.
Second, the construction of defense strategy: around the “four characteristics” to carry out professional research and judgment.
After the case entered the examination and prosecution stage, the family entrusted Hu Rui lawyer to intervene. Hu Rui lawyers in a comprehensive assessment of the case complex background and defense difficulty, upholding the “trustee, loyal” practice philosophy, set up a professional defense team, the first time to meet with the parties, a comprehensive review of the file, sorting out the evidence and legal qualitative analysis.
Through detailed reading and meeting with the lawyer team, the team found that the evidence accusing the client of participating in the triad society nature organization was weak. Based on the deep understanding of the black case determination standard, the lawyer team closely focus on the triad society nature organization must have “organizational characteristics, economic characteristics, behavioral characteristics, harmful characteristics” of the four major elements, to develop a systematic defense program, to ensure that each defense opinions are supported by evidence and legal basis.
Third, three-dimensional defense: active construction of the counter-evidence system, subvert the basis of the charges
Lawyer team knows the importance of evidence breakthrough in major difficult and complex cases, in the prosecution stage is not limited to the original file materials, but take the initiative to carry out a full range of evidence collection work, to build the counter-evidence system:
1. Documentary evidence breakthrough: accurate excavation of objective evidence, overthrowing false identification
Through meticulous investigation, the lawyer team retrieved key documentary evidence such as car purchase records, confirming that the vehicle involved in the accusation was not yet owned by the person concerned at the time of the crime, but was purchased and delivered a few months later. The objective evidence directly overturned the false identification of the co-accused.
2. Consolidation of witnesses: in-depth search for relevant witnesses, restore the truth
The team of lawyers went deep into the local area and visited key witnesses, including the former coordinator of the demolition command and more than ten demolition households. Obtained testimonies consistently show that the parties involved are only engaged in legitimate coordination work, the demolition households have any difficulties in life or problems encountered in the demolition, the parties involved will be enthusiastic, selfless, timely help to solve their behavior to obtain the general positive evaluation of the local people, and the “oppression, cruelty to the masses,” the characteristics of the triad society in stark contrast.
3. Character corroboration: firmly relying on public opinion, presenting a positive image
The lawyer team also collected “people's petition”, unit performance certificate, veteran's card and other materials, auxiliary description of the identity background and social evaluation, these materials together show the party has always been law-abiding, enthusiastic public welfare image, for the judiciary to provide an important reference for a comprehensive judgment.
Through the above precise and comprehensive evidence work, the lawyer team constructed a complete and powerful evidence system, which provides a solid foundation for the subsequent legal argumentation.
Fourth, strong argumentation: based on the facts and law, clarify the boundaries of blackmail
The lawyer team based on the “on the handling of criminal cases of black and evil forces of a number of issues of guidance” and other judicial documents on the “four characteristics” of the provisions, combined with the evidence, the systematic argument that the party does not constitute “to participate in the crime of triad society nature organization”:
1. Organizational and economic characteristics: temporary work, lawful remuneration, and no joining behavior or intentionality
Organizational features, the person concerned in the legally established demolition command temporary work, its work report object is the command, and the so-called “organization” members are mostly unknown to each other, the lack of ‘stability’ and “hierarchical” between personnel The lack of “stability” and “hierarchy” among the personnel.
In terms of economic characteristics, the person concerned received only legal fees for his work and did not obtain any illegal benefits.
Subjective mentality, the person involved in the demolition and relocation coordination work is out of the public interest, the “organization” of the illegal and criminal activities neither knowledge nor willingness to join, the lack of “knowingly and voluntarily join” the subjective elements.
2. Behavioral characteristics and harmful characteristics of the defense: behavior lawful, people support, and “black” nature of opposition
A large number of witnesses' testimonies show that the person concerned always adopts lawful and peaceful ways in the demolition and relocation coordination work to help the people to solve the practical difficulties, and obtains the widespread gratitude and joint affirmation from the people. His behavior is diametrically opposed to the characteristics of the triad society, which is “doing evil and oppressing the masses”. The legal team pointed out that it was not only unfounded to recognize him as a triad member, but also might cause negative social effects.
Through layer by layer analysis, the team of lawyers clearly revealed the lack of four legal elements of the charge, and with the black-related cases should adhere to the judicial policy of “not to pull up, not to make up the numbers”, emphasizing the long-term impact of individual justice on the rule of law ecosystem, and fundamentally shook the legal basis of the accusation of gang-related.
Fifth, the defense results: the procuratorial organs to adopt the opinion, remove the black-related charges
The lawyer team attaches great importance to the pre-trial defense of this case, in the examination and prosecution stage with the prosecutor for many rounds of face-to-face communication, submitted tens of thousands of words of structured defense opinions, pointing out that the chain of evidence is broken, factual findings of the error, the application of the law bias and other core issues.
In this regard, the team of lawyers adopted a step-by-step communication strategy: first establish a good communication foundation through initial contact; then submit detailed written defense opinions to systematically explain their views; then through several rounds of face-to-face communication, understand the focus of the prosecution, and continuously deepen the prosecution's understanding of the defense opinions; finally, according to the communication situation, submit additional opinions to consolidate the effect. And emphasize in the defense: “We handle not only a case, but also the life of the parties and their families for several generations.”
After months of unremitting efforts, the procuratorial authorities finally adopted the lawyer's opinion, in the indictment to cancel the client “to participate in the crime of triad nature organization” charges. This result enables the client to avoid the serious consequences of the “gang-related” label, highlighting the judicial authorities on the respect of professional defense. The lawyer's professional and responsible, won the recognition and trust of the client and his family.
Sixth, the professional value of revelation: refinement of the defense in the difficult and complex cases of the key role
The defense results of this case, not only is Hu Rui lawyers, Huang Kai lawyers, Liu Sijing lawyers professional ability, but also King&Capital Law Firm “the pursuit of excellence, not to live up to the spirit of” practice vivid interpretation. Through in-depth and detailed analysis of the evidence, tighten the legal elements of the professional argumentation, as well as resilient communication, and ultimately safeguard the legitimate rights and interests of the parties.
Lawyers in this case to professional defense of justice, to bear the risk of resolution, for lawyers to handle this kind of black case provides a useful reference, but also proved again: the effective defense of professional criminal defense lawyers, is an important guarantee that the case can stand the test of law and history.
