Recently, Attorney Hu Rui of King&Capital Law Firm achieved a favorable outcome in a case involving a minor accused of intentional injury. By accurately applying the principles governing cases involving minors and through relentless efforts, Attorney Hu successfully persuaded the public security authorities to dismiss the case in accordance with the law. The client’s family presented Attorney Hu Rui with a banner of appreciation to express their gratitude.
The client, He (pseudonym), is a minor who has reached the age of 16. He became involved in a physical altercation with a classmate over a trivial matter, resulting in bodily injury to the other party. Following a medical examination, the victim’s injuries were classified as minor injuries of the second degree, and the public security authorities initiated an investigation into He on suspicion of intentional injury. A criminal record in this case would have caused irreparable negative consequences for He’s future in critical life stages such as further education and employment.
In criminal cases, the earlier a lawyer becomes involved, the more favorable the outcome for the client—and this was particularly true in this case.
Upon accepting the retainer, Attorney Hu Rui immediately took charge of the case and launched a comprehensive and efficient defense strategy from the very outset of the investigation. The attorney meticulously reviewed the facts and professionally analyzed the details of the case, concluding that this was an isolated conflict between minors triggered by a trivial matter, rather than a premeditated act of intentional injury. From the perspective of the causal relationship under criminal law, the causal link between He’s actions and the resulting minor injuries of the second degree was not clear, unique, or direct, making it difficult to exclude reasonable doubt. Subjectively, He did not possess the direct intent to actively cause minor injuries; his actions were more consistent with the characteristics of negligent injury, indicating a lesser degree of subjective fault. Furthermore, considering that He is a first-time and occasional offender, and that the circumstances of the case are relatively minor with limited social harm, the case meets both the statutory requirements and practical grounds for criminal reconciliation.
To maximize the protection of the minor’s legitimate rights and interests and to uphold the juvenile criminal justice principle of “education, reform, and rehabilitation,” Attorney Hu Rui focused his efforts on facilitating a settlement between the parties. On one hand, he actively communicated with the public security authorities, elaborating in detail on the unique nature of the case and insisting on the principle of “education as the primary focus, with punishment as a secondary measure” for minors. He recommended the application of the criminal reconciliation procedure, which was acknowledged and supported by the investigating authorities. On the other hand, he repeatedly assisted both families in amicable negotiations, explaining the law and reasoning, guiding He and his family to sincerely express remorse, apologize, and actively compensate the victim, thereby effectively making amends for the harm caused to the victim.
With Attorney Hu Rui’s professional assistance and the joint efforts of all parties involved, He’s side obtained the forgiveness of the victim and his family. Both parties voluntarily reached a settlement agreement, and the victim’s family issued a written statement of forgiveness, explicitly expressing their forgiveness for He’s actions and requesting that the judicial authorities exempt him from punishment.
Taking into account the facts of the case, the evidence, and the settlement, the public security authorities accepted Attorney Hu Rui’s defense arguments in accordance with the law. They determined that the case involved significantly minor circumstances and posed little harm, and thus did not constitute a crime. Consequently, they decided to dismiss the case.
Thus, the case was properly resolved in the early stages of investigation, effectively safeguarding the victim’s legitimate rights and interests while helping He promptly and deeply recognize the errors and harm caused by his actions. This guided him toward acknowledging his mistakes, repenting, returning to the right path, and abiding by the law, thereby preventing a criminal record from adversely affecting his future development and achieving a harmonious integration of legal and social outcomes.
In handling criminal cases involving minors, the key lies in balancing legal principles with compassion, and punishment with education. Attorney Hu Rui accurately gauged the appropriate approach for handling cases involving minors, identified the breakthrough point through professional defense, and facilitated a successful criminal settlement through effective communication, ultimately achieving the dismissal of the case. This fully demonstrated the professional competence and sense of responsibility of a criminal defense attorney in the field of juvenile protection, ensuring that the administration of justice is both firm and compassionate.
Translated with DeepL.com (free version)
