A non prosecution case agent notes

                            ---Students of senior three motorcycle theft not prosecution

[The author notes]:The case of the procuratorate to the criminal suspect made of non prosecution,In order to successfully study, work and life,Here I am on the names used name of corresponding judicial organs, the virtual alias! I believe you can understand!

 

2011Years12Month end of day,I'm busy office,The father received a telephone.The phone is rejoicing voice:"Zhang lawyers,My son Wang has been not to sue,Yesterday is the procuratorate received "the decision not to prosecute", thank you Mr. zhang." Always remember this case I can finally put down to the heart.

This is a case of what look like? One day in July, Wang and his father came to my office, his face darkened, handed me a "book", originally is a city in a grass-roots procuratorate inform the son of Wang's case has come to the procuratorate, notice he has a right to a lawyer for the defence. Then Wang told me the case: he this year20Years old, three in a high school, in this year4Month day on my way to school, see the roadside park with an unlocked motorcycle, he went into the motorcycle key hole with his pocket key, have a try if you can a motorcycle, but the doings of ghosts and gods in tried several keys, motorcycle with his key launched, when he is back his home downstairs in the shed, and then go to school. The owner lost after the car to the police, the police through the view the video, soon to the school to find him, he immediately admitted to stealing the car fact. The stolen vehicle is returned to the murder victim. On the day he was detained in the detention center, a few days after the public security organs that case clearly, and petition the procuratorate the arrest. Procuratorate consider Wang is the first crime, is I; and live in the local, the parents also locally; the last is immediately Wang to participate in the college entrance examination. Prosecutors believe no arrest is necessary, then the case did not arrest the book (of course this reason not arrest is I know in the marking after). The public security organ shall not arrest the king received the written decision and apply for bail formalities release their home. Wang after the normal school and participate in the college entrance examination, we are waiting for the college entrance examination scores and admission results.

I'll ask the king a stolen motorcycle value, he said it should value4000Many, because it is a relatively new motorcycle, public security organs have the appraisal conclusion told him. I to say the lawyer's purpose is to achieve what results. His father said, best can do not to prosecute, if not to prosecute the case, the court for a lighter sentence, sentence probation.

After hearing the case and the parties to appeal, I think the case for non prosecution is an opportunity, but due to the theft of large amount, has far exceeded the existing in the Guangzhou area of theft1000The starting point of the standard. To Wang and his father analyzed cases and the possible results, and his father expressed willingness to delegate.

Accept the Commission, I go to the procuratorate to examine the case file, get the opinion recommending prosecution. The case actually and Wang Mou and father agreement. I combine the case immediately to the procuratorate Department wrote a "advice to guilty suspect Wang Mou some as non prosecution lawyers submissions processing" (attached), because at the time of Wang XX college entrance examination scores out, enough to Guangdong Province in 2011 college entrance admission control scores (Art) thirdBThe lowest line class. Procuratorate handling prosecutors immediately said it would extend the case the prosecution time. Then I think the victim in a case of no loss, if we can find the victim made the victim of the understanding, should be able to add a weight in discretionary non prosecution weights. After Wang Mou father looking for, the victim was found, the victim Wang Mou says it is willing to forgive, issued in understanding and to procuratorate to suggest not to sue the king so and so.

8At the end of Wang received the "admission notice", he was admitted to the Career Technical College. I immediately write "advice to guilty suspect Wang Mou some as not to prosecute the supplementary legal opinion processing" (attached) and copy the "admission notice" and print online admission screenshot file as an attachment to the procuratorate.

Procuratorate received submissions that met with Wang and his father, show that the procuratorial organs to Wang Mou some three month trial period. As for whether or not to prosecute, to wait for the procuratorate decision. Wang said that to me, this is your chance, in these three months must abide by the law, Study hard, try not to be prosecuted. Wang said will do. Three months passed quickly.12At the end of the procuratorate that made the decision not to prosecute, there was that call the father!

This case will be acting success, thanks to the lenient and severe criminal policy. Otherwise, case, this case in accordance with the general larceny, at least6Months in prison. But the prosecution seriously this case review of prosecution work, combined with the specific circumstances of the case and Wang adopted the views of counsel, made the decision not to prosecute. I think in this case is a good use of the lenient and severe criminal policy, but also makes the king so and so on does not have any criminal record to continue to read. Believe that he will remember the profound lesson this time, do a law-abiding citizens in later life!

The case agent should be said that this is over. But I suddenly remembered2011Years8Month30Th National People's Congress become the amendment to the criminal procedure law "(Draft) published articles and draft statement" to the provisions of the criminal reconciliation procedure in its article ninety-sixth:"Add a chapter, as the fifth parts with second chapters: the second chapter of "mediation in cases of public prosecution procedure"

"For the 274th article of the cases of public prosecution, criminal suspects, defendants willing sincere repentance, obtain the forgiveness of the victims through compensation, apology and so on, the parties may reach a reconciliation agreement:

"(a) caused by civil disputes, suspected of criminal law the fourth chapter, the fifth chapter stipulated crime, may be sentenced to three years in prison following the penalty;

"(two) in addition to outside of the malfeasance crime may be sentenced to seven years in prison under penalty of criminal negligence cases.

"The suspect, the defendant within five years had intentionally the crime, not the provisions of this chapter shall apply program.

"Article 275th the parties reconciliation, the public security organs, people's Procuratorate, the people's court shall listen to the opinions of the parties and other relevant staff views, to review the settlement agreement voluntary, legitimacy, and presided over the production settlement agreement.

"276th cases to reach a settlement agreement, the public security organ may make suggestions to the people's Procuratorate leniency. The people's Procuratorate may recommend lenient penalties to the people's court; for minor crimes, without penalty, may decide not to initiate a prosecution. The people's court may, according to law, the defendant leniency."

I think it is leniency reflects criminal justice policy, but the amendment can be reconciliation charges are excessive (the fourth chapter is the violation of civil rights, democratic rights of crime, the fifth chapter is the infringement property crime, in judicial practice80%The above cases involving the two chapter relates to charges), but also worthy of further study. But I think the introduction of the criminal reconciliation in the criminal procedure is of necessity and vitality. Because the penalty is the country with the public, the light punishment is a general trend of the world criminal justice, for the three years following the legal punishment of reconciliation procedure has its value. I have the feeling is intentional injury case, for general cases of minor injuries now prosecutors in Guangzhou area have been prosecuted, and many cases the victims due to injury soon be restored, no sequelae. The active compensation, victim understanding the defendant. The defendant's less dangerous to society and social order has been restored, the defendants have been punished (mostly has been detained). In this case, the criminal procedure law lacks the reconciliation process, finally leading to a large number of do not need to solve the case applicable criminal punishment, the punishment effect is not very good. So I hope the amendment this program written in the law of criminal procedure, the provider of good security for the construction of a harmonious society.

 

         Attached: advice to guilty suspect Wang Mou some as non prosecution lawyers submissions processing

Suggestion: Guangdong gold color firm Zhang Xianme lawyers

Recommendations:

Suggestions on the guilty suspect Wang Mou some decide not to initiate a prosecution.

The facts and reasons:

The guilty suspect Wang Mou some principal, I served as his lawyer, in your hospital check some files in this case. By consulting the files and Wang Mou some understanding of the case, that the following case:

The suspect Wang Mou (male,20Years old, Han, a district of Guangdong Province Guangzhou City, criminal detention before the Department of some senior high school students) on suspicion of theft in a certain period of a day by the Guangzhou City Public Security Bureau Branch police station arrested,The next day was criminal detention2011Years4CertainBecause of your house shall make a decision not to approve arrest "book",On the same day apply for bail formalities release home.

Guilty suspect Wang Mou some day being arrested, to recognize their behavior violated the criminal law, immediately led police to find the motorcycle theft. The public security organs shall timely motorcycle returned to the victim, the victim in this case does not suffer from any loss.

Because the suspect is in school student, only19Years old, I repent, for first-time, good attitude, positive to return stolen goods, local residents and have supervision conditions. So, your hospital with lenient and severe criminal policy, that there is no necessity of arrest, not to approve arrest.

Now the public security organ has written "the prosecution of submissions" to your hospital for examination and prosecution. The defender believes the case your understanding of this case in the arrest stage is correct, the case and the criminal policy of combining punishment with leniency does not arrest based decision is correct. The case transferred to your hospital for examination and prosecution, the criminal suspect Wang Mou in your hospital not arrest has participated in the college entrance examination, the university entrance exam (fractional omitted) has more than Guangdong Province2011Years college entrance the admission control scores (Art) thirdBClass (liberal arts fraction280Divided, academic achievement185), will be admitted to the college art majors (Note: at present has not received the admission notice). Thanks to your hospital not arrest decision, because if your hospital approved the arrest, the criminal suspect Wang Mou will not have the opportunity to participate in the college entrance examination.

The defender believes that the suspect is a first offender, casual, repentance with a good attitude, positive return stolen goods, the victim without any loss in this case. And now to participate in college entrance examination, is about to begin his university life. According to "the Supreme People's Procuratorate on the lenient and severe criminal policy of several opinions" provisions of article fourth in procuratorial work:"Procuratorial organs implementing the lenient and severe criminal policy should adhere to the following principles: grasp; discrimination; in strict accordance with the law; pay attention to the effect." In this case the smaller the social harmfulness of crime considered(The suspect of crime of larceny, plot and means, promptly after the return stolen goods to the victim)Smaller, subjective malignant suspect(When the crime is temporary its meaning, attitude after the crime is good, is good at the former performance, without any criminal record)The social influence, small cases. And from the angle of the organic unity of effect, from the legal effect and social effect, harm, now suspects have been fully aware of their own behavior to the society by actively repentance, but in your hospital not arrested after release through their own efforts, to participate in the college entrance examination scores than the control line, the lowest score, is about to enter read high school. And the suspect has been because of his behavior to be punished, in detention in custody10Days, has paid a loss free price for his foolish behavior. So the case if not to prosecute, the legal effect and social effect will be better.

According to this opinion article8The provisions of article:"Correctly grasp the prosecution and non prosecution conditions, in accordance with the law applicable to non prosecution. In the prosecution work, strictly in accordance with the law to prosecute, fully consider the necessity of prosecution, litigation or not should not appeal." advocate that the case can be classified as can not v.. The defender believes the crime plot slight, in accordance with the criminal law does not require punishment or be exempted from punishment, should be applied "Criminal Procedure Law" article142Article2"For minor crimes, in accordance with the criminal law does not require punishment or be exempted from punishment, the people's Procuratorate may decide not to initiate a prosecution." The provisions of the. And in this case does not belong to the Supreme People's Procuratorate prosecution department to develop the "the people's Procuratorate nonprosecution cases quality standard(Trial)"In the provisions of the8Not applicable "Criminal Procedure Law" article142Article2Section of the decision not to initiate a prosecution cases.

The defender Jian Yigui hospital in a lenient and severe criminal policy, taking into account the specific case of this case and Wang Mou will enter the actual situation in the case of Reading University, according to China's "criminal law" article142Article2Paragraph, the case for a discretionary non prosecution decision. Will obtain the better social effect and legal effect, but also on the lenient and severe criminal policy of the best interpretation.

The above views, for your reference and adoption of review and prosecution! Thank you.

Yours sincerely

A district of Guangzhou City People's Procuratorate

                                      Guangdong gold color law firm

                                                       Zhang Xianme lawyer

                                                    2011Years7Month27Day

Attached: Wang XX college entrance examination scores query logs, Guangdong Province2011Years college entrance examination scores control line notice.

 

      Suggestions on the guilty suspect Wang Mou some as not to prosecute the supplementary legal opinion processing

Suggestion: Guangdong gold color firm Zhang Xianme lawyers

Recommendations:

Ask your college for criminal suspects Wang made the decision not to initiate a prosecution.

Supplement facts and reasons:

Wang theft is your hospital for examination and prosecution case, as Wang counsel2011Years7Month27To your institute submitted a "proposal to guilty suspect Wang Mou some as non prosecution lawyers submissions processing". As his lawyer, put forward the following suggestion for your reference.

Wang yesterday has already told the defender2011Years8Month27Japan has received the admission to the University, he has been admitted to the Career Technical College guangdong,2011Years9Month14Days to report to school. This counsel on behalf of Wang thank your institute strict approval of arrest, not arrest Wang xx. So he had the opportunity to participate in the college entrance examination and admission notice.

The new university life waiting for Wang, in its present identity but because of their alleged crimes while still in the identity of the suspect. Is your school time limit for examination and prosecution is approaching maturity, the defense is suggested for not prosecuting suggestions to its already in the book the last to be expounded views. The defenders need to add is, Wang now get a university admission notice, if to a no criminal record the identity of the person to learn, will be on his future life, learning is a very big help; social risk and Wang have been fully aware of their own actions, it has fully to repent. For not prosecuting counsel after understanding is also there is no lack of precedents according to like in the case of similar cases, and the legal and social effects are more ideal.

2011Years08Month17On the "Southern Daily" to "Guangdong quasi except minor misdemeanor record does not affect the employment of reading the army" reported in Guangdong territory was sentenced to imprisonment and does not catch, not v. underage criminals and18-25Students misdemeanor record is expected to be sealed, no longer affect their employment, reading news, the army. In a press release the Guangdong Provincial People's Procuratorate Zheng Hong said "to the full18With the age of25The age of the students, can also refer to the implementation of the system, but the policy need to be done with the court, public security departments in the coordination of provincial Party committee." In Guangdong Province procuratorate reported a director of Zhang Yimin said "this two years, for those with minor offense, I, in the transformation of the concept of provincial Procuratorate, strive to be generally do not arrest, the prosecution can not to prosecute the firm does not suit to play, not the arrest, prosecution decided to actively help, in the light of corrosion process, supervise the correction of." Then to Guangdong18-25The minor criminal record to be sealed, do not affect the job, study and the army. This is a very good system, the defenders hope as soon as possible. But this case is slightly guilty, I, is a kind of case can not sue sue, when your hospital in the case of arrest have been strictly, make the right decision on this case, not arrest Wang XX, to have the opportunity to participate in the college entrance examination. Now, Wang has received the admission to the University, a university life was coming toward him. The defender will your school to strict examination and prosecution, combination of law and the case specific case, Wang Moumou guilty attitude, for not prosecuting and Wang Mou some investigation, urge the rectification of this case education.

The defender believes that such processing result, can obtain the good social effect and legal effect. The defender believes that Wang had a painful education this, later in life will cherish their own learning opportunities, to study hard, they serve the country and society. Will be a law-abiding citizen!

The above suggestion review ask your institute prosecution to reference and adoption! Thank you.

   Yours sincerely

A district of Guangzhou City People's Procuratorate

                                              Wang Moumou counsel: Guangdong gold color law firm

                                                             Lawyer: Zhang Xianme

                                                                     2011Years8Month31Day

Attached:1Wang XX university admission notice, a copy of; online admission inquiry screen print a.

2, Nanfang Daily2011Years8Month17On the "Guangdong quasi except for a minor misdemeanor records Does not affect the employment of reading the army "news reports online print copy.