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ACHIEVEMENT

On January 6, 2022, it has been 7 days since lawyer Wang Zichang of Beijing JAVY Law Firm received the "Decision which  is not to prosecute" made by the Haidian District People's Procuratorate against a certain party. The decision to file a complaint means that the "Decision which is not to prosecute" has taken legal effect.

This is the fourth non-prosecution case successfully handled by Wang Zichang in 2021.

On August 7, 2021, the client was criminally detained by the Haidian Branch of the Beijing Municipal Public Security Bureau for the crime of intentional injury.

"It was a rainy day in August. I sat face to face with the client's family in the second conference room and listened to the details of the case." A few days later, the client's family signed an entrustment agreement with Jiawei Law Firm.

"Usually, when a criminal lawyer handles a case of intentional injury, the first reaction is basically to seek a letter of understanding, and I am no exception. However, before meeting with the client, the lawyer basically smears the case, so rashly and the victim Communication is not secure enough. Because meeting the client at the Haidian Detention Center requires an appointment one week in advance, I mainly did two things during this week's free period. One was to investigate the scene and confirm the circumstances of the crime, such as whether the scene was: Are there venue conditions that allow multiple people to fight? Are there surveillance cameras? If so, how many? Where are they located? Can the fight be monitored? If there are other witnesses present, I sometimes try to understand the situation with the witnesses, But there is no other witness in this case, so this step is omitted. The second is to go to the police station to submit the entrustment procedures, try to understand the case with the police officer handling the case, and by the way, can you provide the contact information of the victim.” Wang Zichang said.

The weather in Beijing in August is dubbed as a natural steamer. Under the scorching sun, lawyer Wang Zichang went to the Haidian Detention Center to meet the client twice in less than a month; he went to the police station and the people's procuratorate to try to communicate with the police and prosecutors, and submitted defense materials at least six times; If permitted, accompany the family members of the parties to negotiate with the victim twice.

The sincere attitude of lawyer Wang Zichang even touched the victim's family. After obtaining the victim's letter of understanding, the client's family said gratefully to lawyer Wang Zichang, "Zichang really thank you, and people (referring to the victim's family) even asked me if you were a relative of our family and said you were sincere. "

On September 7, 2021, the Haidian District People's Procuratorate made a decision not to approve the arrest of the client, and the client was successfully released on bail pending trial. At the same time, Mr. Zhang (pseudonym) was also released on bail pending trial.

"After I was released on bail pending trial, I said to the client, 'The victim has given you a separate letter of understanding. If it is convenient, Brother, please persuade Brother Zhang to make amends for the victim, and then let Brother Zhang pay some money alone. Brother Zhang also got the victim's forgiveness.' They really listened to these words. Mr. Zhang obtained a letter of understanding from the victim and signed a reconciliation agreement under the condition of being released on bail pending trial, which laid the foundation for the subsequent non-prosecution."

On December 13, 2021, three months after the party was released on bail pending trial, the Haidian Branch of the Beijing Public Security Bureau transferred the case to the Haidian Procuratorate for review and prosecution.

On December 15, 2021, the client anxiously told lawyer Wang Zichang that the Haidian Procuratorate had just come to the notice, saying that they should sign the affidavit of guilt and admit punishment, and it is expected to propose a sentencing recommendation for them to be sentenced to six months in prison, and a public prosecution will be filed in a few days.

When Wang Zichang learned about it, he immediately contacted the chief prosecutor, communicated the case in detail, and pointed out that the client had no previous convictions, that the victim had fully understood the client, that the client now has a stable job, etc., and focused on whether the client could constitute a surrender. I hope the procuratorate can give the parties another chance.

"The prosecutor thought about it again and again, and said, 'Then you submit the materials as soon as possible, before next Thursday.' When I heard it, I felt that there was still hope. So I immediately asked the client to contact the victim and asked if he could ask the victim to give another explanation. , to express my hope that the procuratorate will not prosecute, and I also began to put my defense opinions into writing. Because after being released on bail pending trial, we persuaded Mr. Zhang to apologize and compensate the victim, and the victim has forgiven my client and Mr. Zhang from the bottom of his heart. So he agreed to help us speak to the prosecutor."

On December 17, 2021, when the north wind was strong, lawyer Wang Zichang came to the Haidian District People's Procuratorate with a detailed defense opinion, the "Situation Statement" issued by the victim, and the "Certificate of Incumbency" prepared by the client beforehand. , handed over to the prosecutor.

On December 28, 2021, the Procuratorate held a hearing and agreed not to prosecute.

On December 29, 2021, a decision not to prosecute was made.

"I once said that criminal cases are no trivial matter, they are all 'living to the death'. Prosecutors are conscientious + the parties are reasonable + lawyers are dedicated = the best results that can be achieved. Among them, the most grateful thing is that the country is currently The judicial concept of 'less compensation, careful prosecution, and careful custody' is vigorously advocated." Wang Zichang said.