Foreword
Recently, after one year and four months, the public security authorities finally decided to withdraw the case of Wang Mou, a senior partner of King&Capital Law Firm, Nie Sufang, and Ma Lixi, a partner of King&Capital Law Firm, who was suspected of organizing others to smuggle people across the border, and Wang Mou returned to freedom with an innocent body. This case is supervised by the Ministry of Public Security, dozens of people involved, people from many places in China, it is reported that this case is the first local surrogacy field to organize other people to smuggle across the country (border) to investigate and deal with the crime of major criminal cases.
Commissioned in danger, rapid intervention
The Ministry of Public Security and the State Administration of Migration's Opinions on Punishing Lawful Obstruction of State (Border) Border Management Offenses (hereinafter referred to as “Opinions”), the Exit-Entry Administration Law, similar cases, and the opinions of legal experts, as well as other relevant norms, doctrinal opinions, and practical jurisprudence. On this basis, combined with the past practical experience in handling criminal cases, the case may be the focus of the controversy to do a full analysis and the preparation of various plans. After the family confirmed the commission, the two lawyers arranged the trip and rushed to the jurisdiction of the case to start the defense work in the first time.
Actively perform their duties, determine the idea
The detention center is located in a remote area, after getting off the plane, you need to drive at least three, four hours of mountain roads to reach the county, a one-way trip takes eight or nine hours. In this case, the two lawyers from the first time after taking over the case to the detention center for many times to meet with wang mou, through the meeting and repeatedly combing the facts of the case, wang mou as a surrogate demand side, looking for surrogate mothers, pregnant mothers in and out of the country for the documents, take the pregnant mother out of the country and so on, wang mou is not involved. The crime of organizing others to sneak across the state (border) is to protect the state border management order, to combat serious violations of the state border management system. The reason why Wang was charged with this crime is that the core problem lies in the confusion between the overseas medical link and the exit link in individual matters, therefore, it is necessary to strictly cut and differentiate between the two different acts of surrogacy and organizing the smuggling of others across the state (border) in order to accurately determine the nature of Wang's behavior. Based on the above factual situation, combined with relevant legal provisions and academic views, the two lawyers established the basic idea of not guilty defense.
After the idea is determined, before the case is reported to the arrest, the lawyer and the case officer twice face to face detailed communication defense opinions, put forward the case should not be identified as the core issues, but in view of the complexity of the case itself, the significance of the case and legal understanding of the differences, the public security organs or to the procuratorate to the application for approval of the arrest. In order to further strengthen the reasons for not approving the arrest, in just seven days of the review and approval stage, the two lawyers went to the detention center again to meet with wang mou to further understand the arraignment situation in order to analyze and judge the focus of attention of the case officers, on the basis of which to further enrich the lawyers do not approve the arrest of the lawyer's opinion, and with the prosecutor many times by phone and face to face communication of the defense of innocence. In the end, under the unremitting efforts of the lawyer, the procuratorial authorities made a decision not to approve the arrest of Wang Mou, Wang Mou was successfully released on bail pending trial, and also laid a good foundation for the later defense work.
After the party was successfully released on bail, the two lawyers have not been slack, has been with the contractor to keep communicating with the progress of the case, the case into the prosecution stage, the two lawyers the first time to check the case file materials, and in the reading of the file on the basis of the further refinement of the lawyers' opinions, but also countless times by telephone, face to face communication and written communication and other ways of exchange of views with the prosecutor. In the whole process of handling the case, the two lawyers can be said to be fully active in performing their duties, not afraid of hardship, serious and responsible. The two lawyers pragmatic work content and way, for the final realization of effective defense laid a solid foundation.
Practical research, solid defense
Through the meeting and read the file to understand the basic facts of the case, the two lawyers detailed study of the relevant legal issues, the main points of the case, and repeatedly compare the relationship between the facts of the case and the legal provisions. After repeated analysis of the case, discussion, has submitted to the public security organs of the “application for bail pending trial”, review and approval of the arrest stage to the prosecutor's office submitted to the “recommendation of the Wang Mou not approved arrest of the lawyer's opinion”, review and prosecution stage to the prosecutor's office submitted to the “recommendation of the Wang Mou not prosecuted lawyers opinion”, and in the telephone communication feel the prosecutor's concerns, and then again submitted to the “recommendation of the Wang Mou not prosecuted”. After feeling the prosecutor's concern in the telephone communication, he again submitted the “Supplementary Lawyer's Opinion on Not Prosecuting Wang Mou”.
The main defense point of the above opinion is: Wang Mou as surrogate demand side, its purchase of medical services outside the country must involve contact with the pregnant mother, docking, but the docking behavior should be distinguished from the organization of the organization of the organization of the crime of smuggling across the border, Wang Mou is not involved in the “concealment of the true purpose of leaving the country, fraudulent border control authorities to approve the departure of the link”, did not commit the organization of others to smuggle across the border, and has not implemented the organization of the crime of smuggling across the border. Wang did not commit the act of organizing others to sneak across the country (border), and lacked the necessary facts of prior conspiracy with the organizer (Note: According to Article 318 of the Criminal Law and Article 1 of the Interpretation, organizing others to sneak across the country (border), either by leading, planning, directing others to sneak across the country (border), or under the command of the primary elements, by soliciting, luring, introducing others to sneak across the country (border), etc.); the person who had been arrested or convicted of the crime of sneaking across the country (border) was not involved in the act of organizing others to sneak across the country (border). The act of being organized (on behalf of the mother) to enter or leave the country does not belong to the act of sneaking across the country (border), and the organizing party does not establish the crime of organizing others to sneak across the country (border); the special status quo of entry and exit between China and Thailand (such as the “Agreement between the Government of the People's Republic of China and the Government of the Kingdom of Thailand on the Mutual Exemption of Visas for Holders of Ordinary Passports”, and the "abolition of the entry The lawyers' opinions were analyzed and argued in detail from each of the above perspectives.
Conclusion
This case has gone through the investigation stage, the examination and prosecution stage, during the examination and prosecution period, the procuratorate returned the case to the public security authorities for supplementary investigation, the public security authorities again transferred the case to the procuratorate for examination and prosecution, and the public security authorities “withdrew the transfer of the case for prosecution”, which can be said to be full of twists and turns and lasted one year and four months before and after the case was brought to the procuratorate! This is also by the complexity of the characteristics of the criminal case decided, which also requires defense lawyers in the undertaking of heavy cases, more need to be careful and prudent. Of course, an ideal outcome of the case must be inseparable from the joint efforts of many parties. The parties can restore the facts of the case accurate expression, in order to clarify the objective truth and misunderstanding; defense lawyers only after systematic legal research, carefully and repeatedly listen to the description of the facts of the case, in order to familiarize themselves with the law, smooth out the facts, and get the right defense; the final case authorities can be strict with the evidence and the law, and not to be in vain, in order to highlight the seriousness of the judiciary and the temperature. In short, only with the concerted efforts of all parties, it is possible to make the case towards the direction of justice, and ultimately realize an effective defense.
