Recently, Beijing King&Capital (Shanghai) Law Firm received a “Decision Not to Prosecute” issued by the People’s Procuratorate of a certain district in Shanghai regarding the case of Zhang, who was suspected of intentional injury. As a result, this student at a well-known university, who had just turned 19, was able to return to campus and restart his life without being indicted, sentenced, or having a criminal record.
I. Background of the Case: A Routine Conflict Leading to a Second-Degree Minor Injury
Zhang is a student at a well-known university. Late one night, Zhang accompanied a friend while waiting for a ride-hailing vehicle driven by the victim to deliver goods. Due to a significant delay in the delivery, a heated argument broke out between the two parties. During the altercation, the victim went so far as to threaten, “Do you think I won’t strangle this kid to death?” thereby making physical threats against Zhang’s friend and their child. In the heat of the moment, Zhang struck the victim with his fist, causing a comminuted fracture to the victim’s finger, which was assessed as a Level 2 minor injury (one injury).
After the incident, Zhang did not voluntarily report it to the police. The following day, he turned himself in after being notified by police via telephone.
II. Defense Process: From the Deadlock of the Victim’s Exorbitant Demands to the Joint Acknowledgment of the Victim’s Fault and the Suspect’s Voluntary Surrender
After the public security authorities filed the case, the victim immediately demanded 700,000 yuan in compensation from the defendant. Faced with such a disadvantageous situation, Zhang and his family retained attorneys Li Teng and Guo Chunyan from our firm to serve as defense counsel in this case.
(I) Investigation Stage: Facing an Exorbitant Claim, Professional Mediation Paves the Way for Leniency
For a college student from an ordinary family, 700,000 yuan is nothing short of an astronomical sum. However, a simple refusal would likely have caused the settlement talks to break down completely, setting the case on a course toward prosecution and sentencing. Rather than opting for a simple “pay or don’t pay” approach, the two attorneys—after thorough consultation with the client and his family—formulated a strategy centered on “calculating losses in accordance with the law, conducting phased mediation, and fostering understanding through sincerity”: On one hand, based on objective evidence such as the severity of the victim’s injuries, actual medical expenses, and lost wages, they patiently explained to the victim’s side the reasonable range for compensation, thereby preventing the criminal settlement from being distorted into a demand for exorbitant damages; On the other hand, they promptly submitted legal opinions to the investigative authorities, seizing the critical moment when Zhang notified them by phone of his intention to turn himself in and made a truthful confession. They immediately secured evidence of his voluntary surrender while simultaneously collecting and organizing evidence regarding the victim’s own misconduct—including delayed deliveries, poor service attitude, and threats to harm children present at the scene.
After nearly two months of multiple rounds of communication and mediation, the parties ultimately reached a settlement before the case was transferred for prosecution—the compensation amount was significantly reduced from the initial 700,000 yuan to 100,000 yuan. Zhang compensated the victim for all losses and obtained a written statement of forgiveness, thereby completely resolving the conflict between the parties.
(2) Prosecution Review Stage: Focusing on the Main Arguments of “Voluntary Surrender + Victim’s Fault + First-Time Offender Student,” Pushing for a Public Hearing
After the case was transferred to the People’s Procuratorate of a certain district in Shanghai for prosecution review, the two attorneys immediately conducted a comprehensive review of the case files. They formulated systematic defense arguments regarding the facts of the case, the assessment of evidence, and the application of the law, and formally presented the following core arguments to the procuratorate:
First, Zhang Mou’s actions constituted voluntary surrender in accordance with the law. Zhang Mou voluntarily turned himself in after being notified by police via telephone and, upon surrender, truthfully confessed to all criminal facts. This fully complies with the provisions on voluntary surrender set forth in Article 67, Paragraph 1 of the Criminal Law of the People’s Republic of China, which allows for a lighter or reduced punishment; in cases of relatively minor offenses, punishment may be waived.
Second, the victim bears clear fault. This case was triggered by a sporadic conflict; the victim was the first to cause a delay in the delivery, and during the altercation, he threatened to “strangle the child,” thereby posing a physical threat to the minors present. He bears direct responsibility for the escalation and intensification of the conflict. This circumstance is corroborated by the victim’s own statement, testimony from multiple witnesses, identification records, WeChat chat logs, surveillance footage, and other evidence, which are sufficient to establish the facts.
Third, Zhang is a first-time offender and a student; the circumstances of the crime are minor, and he has compensated the victim and obtained a written statement of forgiveness. At the time of the offense, Zhang had just turned 19 and had no prior record of illegal or criminal activity; after the incident, he pleaded guilty and accepted the charges, voluntarily and truthfully confessed to the crime, acknowledged the facts of the indictment, and expressed willingness to accept punishment, which legally warrants leniency; he has compensated the victim for all losses and obtained a written statement of forgiveness, and the social conflict has been completely resolved.
The procuratorate attached great importance to the defense’s arguments and conducted a public hearing to review the case, hearing the opinions of the investigative authorities, Zhang, his defense counsel, and the people’s supervisors participating in the hearing. Ultimately, the People’s Procuratorate of a certain district in Shanghai adopted the defense’s arguments, determined that Zhang had surrendered himself voluntarily and that the victim bore some fault, and, in accordance with Article 37 and Article 67, Paragraph 1 of the Criminal Law of the People’s Republic of China, as well as Article 15 and Article 177, Paragraph 2 of the Criminal Procedure Law of the People’s Republic of China, decided not to prosecute Zhang.
III. Lessons from the Case: Defense in Minor Criminal Cases Rests on “Early Intervention, Thorough Mediation, and Accurate Legal Characterization”
Cases involving intentional injury may appear to be “minor offenses,” but their impact on the lives of those involved is “a matter of immense significance”—especially for young people with academic records and promising futures, for whom a single guilty verdict could mean the complete ruin of their prospects. The defense strategy employed in this case offers three key insights:
First, early intervention by a defense attorney is a prerequisite for achieving the best possible outcome. Whether Zhang’s claim of voluntary surrender would be accepted depended on how he was taken into custody and the timely documentation of his statements; whether the prosecution would accept the argument regarding the victim’s contributory negligence depended on the timely organization and presentation of evidence such as witness testimony and chat records. Only by laying the groundwork for these efforts during the investigation phase can a comprehensive defense strategy be established by the time the case enters the review and prosecution phase. If a lawyer is retained only after the case has been transferred for prosecution, it may be difficult to supplement many key pieces of evidence, and the scope for a successful defense will be significantly reduced.
Second, criminal reconciliation requires not only sincerity but, more importantly, professionalism. The compensation amount initially demanded by the victim in this case was equivalent to the total annual income of an average college student’s family over several years, clearly exceeding reasonable limits. However, exorbitant claims are not irreconcilable, nor should they be accepted in their entirety as a means of “buying one’s way out of punishment.” Excessive compensation that clearly exceeds reasonable limits not only imposes a heavy burden on the defendant’s family but may also encourage a culture of “exorbitant demands,” which is detrimental to the genuine resolution of the conflict. Through calculating losses, explaining the law, and conducting multiple rounds of mediation, the attorney brought the compensation amount back within a reasonable range. This not only ensured that the victim received full and timely compensation but also spared the defendant’s family from an unbearable financial burden, thereby creating an objective foundation of “reconciliation plus resolution” for the procuratorate to apply relative non-prosecution.
Third, against the backdrop of a balanced approach combining leniency and strictness, the focus of defense in minor criminal cases lies in the “pre-prosecution” stage. Pursuant to Article 37 of the Criminal Law of the People’s Republic of China and Paragraph 2 of Article 177 of the Criminal Procedure Law of the People’s Republic of China, these provisions provide a “non-prosecution” pathway for cases of intentional injury with minor circumstances. To open this pathway, a “combination of factors”—such as voluntary surrender, admission of guilt and acceptance of punishment, compensation and reconciliation, and victim fault—must be present. In this case, it was precisely the legal recognition of the two key circumstances—voluntary surrender and the victim’s contributory negligence—combined with the defendant’s status as a first-time offender and a student, as well as the criminal reconciliation, that ultimately led the procuratorate to issue a decision not to prosecute following a public hearing. This vividly embodies the criminal justice philosophy of minimizing arrests, exercising caution in prosecution, and exercising prudence in detention.
Beijing King&Capital (Shanghai) Law Firm is deeply honored to have participated in this case and to have safeguarded the client’s legitimate rights and interests at a critical juncture in his life. Moving forward, our firm will continue to uphold a professional and dedicated practice ethos, deepen our expertise in the field of criminal defense, and provide precise and compassionate legal services to every client.
