Recently, Mr. Zheng Xian of King&Capital Law Firm, in the defense of a case of obstruction of official business, precisely used the defense idea of cross-application of administrative law and criminal law, always adhered to the position of innocence defense, and through continuous and effective communication and the linkage of multiple legal means, the prosecuting authorities returned to the supplementary investigation twice, and finally succeeded in obtaining a decision of non-prosecution for the person concerned. It is reported that this case is the fourth non-prosecution case successfully handled by Mr. Zheng Xian in the prosecution stage this year.
Case handling: breakthroughs and multi-dimensional measures in the intersection of administrative and criminal law
The core difficulty of this case lies in the definition of administrative illegality and the cross-application of criminal and legal norms, which puts forward high requirements for the professionalism and comprehensiveness of the defense strategy. At the early stage of the case, Mr. Zheng was keenly aware that the administrative authorities involved in the case may have procedural or substantive violations of the law, and this key point of doubt became an important entry point for the defense of the case.
In the investigation stage of the case, although not successful for the client to obtain bail pending trial, but Zheng did not stop. On the one hand, through the systematic search of case rules, in-depth study of relevant administrative regulations and judicial interpretations, a comprehensive combing of law enforcement procedures of the legal elements, the formation of a rigorous logic, based on the lawyer's opinion, and with the contractor prosecutor openly and honestly exchanges of views, clearly pointed out that this case in the administrative law enforcement behavior of the possible illegal defects, to provide a reference case, for the subsequent case towards the laying of the key ambush; On the other hand, based on the particularity of the cross-cutting cases, Mr. Zheng suggested that the family members of the parties concerned should simultaneously file an administrative lawsuit, requesting the People's Court to judge the legality of the administrative law enforcement act in question according to the law, and fixing the key evidences through the administrative litigation procedure, forming the linkage effect of criminal defense and criminal litigation, and solidifying the foundation of the defense of innocence from the procedural point of view.
After the case into the examination and prosecution stage, although the procuratorial authorities for Zheng's questions have twice returned to supplementary investigation, but the case is not clear, once in a deadlock. Zheng lawyer through the judgment, always adhere to the position of the innocent defense, encourage and appease the family and the parties at the same time, for the supplementary investigation of the evidence and materials one by one detailed review, continue to work with the prosecutor on the case of factual determinations, law enforcement behavior legality, legal application of the boundary of the core issues such as in-depth communication, and repeatedly emphasize the case in the administrative organs of the illegality of law enforcement behavior of the flaws of the criminal constitutive elements of the impact of the case, and gradually pushing the prosecutor to re-examine the overall characterization of the case.
Eventually, under the dual support of the review of the legality of administrative law enforcement in administrative litigation procedures and criminal defense opinions, the procuratorial authorities made a decision not to prosecute by integrating the evidence of the whole case with the application of law considerations.
Inspiration: Exploration of the defense path of cross-cutting cases of administrative and criminal law enforcement
The establishment of the crime of obstruction of official business is premised on the legality of administrative law enforcement behavior, and when the administrative authorities are suspected of violating the law, the legitimacy of criminal prosecution may be shaken. In this case, Zheng Xian precisely grasped the logic of defense in cross-criminal cases, jumped out of the limitations of a single criminal defense, and through the dual-track strategy of “criminal defense + administrative litigation”, he not only attacked the core controversy of the case in the criminal procedure, but also fixed the key facts with the help of administrative litigation procedures, which formed an effective defense synergy.
Worthy of special attention is that, in this case, although the party pleaded guilty, but Zheng based on the precise control of the facts of the case, the depth of understanding of the administrative and criminal legal norms, but still firmly uphold the view of innocence defense. Lawyer's right to defense is not dependent on the attitude of the client's confession, but from the facts of the case and the application of the law of professional judgment. In the party due to legal cognitive limitations, psychological pressure and other factors do not meet the essence of the case confession, lawyers with professionalism accurately identify the key points of contention in the case, adhere to the position of independent defense, not only to avoid the party because of the wrong confession into adverse legal consequences, but also to promote the judicial organs to comprehensively review the case, to prevent one-sided reliance on the statement of the risk of wrongful conviction.
This successful case not only reflects the lawyer's precise use of legal norms in complex cases and the innovation of defense ideas, but also provides a useful reference for the defense of cross-cutting cases: in the case involving the convergence of administrative law enforcement and criminal prosecution, the defense lawyers should pay attention to the review of the legality of the administrative act, and be good at using multiple legal means to build a defense system, through the effective transmission of professional advice and legal procedures. Through the effective transmission of professional opinions and legal procedures, they can maximize the maintenance of the lawful rights and interests of the parties concerned, and promote the judicial organs to realize the fair handling of the cases.
