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ACHIEVEMENT

On January 30, 2022, lawyer Li Yiying of JAVY Law Firm received a New Year's gift: A fraud case defended by her was finally issued a decision not to prosecute by the Chaoyang District People's Procuratorate

According to lawyer Li Yiying, the amount involved in this case amounted to 560,000 yuan, and could be sentenced to more than ten years in prison according to the law. After the effective defense of lawyer Li Yiying, the case was finally handled without prosecution, and the parties did not keep a record of the case, thus maintaining the party’s stable work in the public institution. 

"In the process of handling this case, there are mainly two difficulties: one is to communicate with the victim to obtain a letter of understanding; the other is to communicate with the prosecutor in charge of the issue of guilt and innocence." After the victim in this case reported the case, the party refunded the full amount, but he did not ask the victim to issue a letter of understanding. After the police filed the case, the victim refused to meet the person and their family members, and even refused to answer the phone. In response to this situation, lawyer Li Yiying obtained the consent of the prosecutor based on her previous years of procuratorial work experience. During the review and arrest period, she contacted the victim by phone and WeChat for many times, and finally moved the victim and gained her trust. The victim confirmed to lawyer Li Yiying that she received the information. The client's full refund and willing to forgive the client. After lawyer Li Yiying submitted the corresponding evidence to the procuratorate, the court made a decision not to approve the arrest.

In the process of solving the second difficulty, it can be said that there are many difficulties. Lawyer Li Yiying has learned that the views of experts such as Professor Zhang Mingkai,a professor of criminal law, believe that this kind of behavior of the client meets the requirements for the crime of fraud, and it is a success, and the refund before filing the case. Conducting can only be considered as a sentencing circumstance. According to this point of view, combining with a number of precedents of the Chaoyang District Court in recent years, on the basis of voluntary surrender, the best result can only be reduced by one grade to three years in prison, with no reprieving.

Lawyer Li Yiying was not discouraged by this. In order to save her client's job without leaving a criminal record, she first consulted and argued with a number of criminal law experts, senior prosecutors and judges, and then searched and collected many similar cases in other places. She has undertaken this case many times. The prosecutor communicated and argued with reason, pointing out that this type of case is very controversial in practice, requesting the prosecutor to carefully consider the effect of handling the case, and at the same time try to contact the victim, and obtain and submit the victim's written understanding.

In the end, after several months of confrontation and communication with the procuratorate, the Chaoyang District Procuratorate agreed with lawyer Li Yiying's defense opinions, and applied for a public hearing of non-prosecution internally. After the hearing was passed, it made a decision not to prosecute the parties in the case. 

Handling a case is handling the life of the person involved. Lawyer Li Yiying saved a young man who had gone astray through her own actions, showing the warmth of law and the warmth of lawyers.