Recently, JAVY law firm's partners, Mr. Wang Qiming and Mr. Wang Chang, represented the client in a theft case, and successfully obtained the decision of not prosecuting the client, which demonstrated JAVY law firm's professional strength and responsibility in the field of criminal defence.
The cause of the case dates back to July 2024, when the client heard that there were bicycles abandoned by graduates at the northeast gate of a university in a casual conversation with his friends, so he and his companions went to the scene and pushed away several unlocked bicycles. However, to its surprise, some of these bicycles are not ownerless. The owner of the bike found that the bike is lost quickly reported to the police, the public security organs immediately to the crime of theft investigation, the parties involved in the legal difficulties.
After accepting the commission, Prince Chang and Wang Qiming quickly and comprehensively devoted themselves to the defence of the case.
Through in-depth and detailed investigation, the two lawyers understand that the person concerned has a good family background, usually honest and diligent, and no record of any previous convictions. The behaviour, mainly by the friends of the words of the misleading, while the vehicle was not locked and parked in a seemingly random location, which led to the person mistakenly think that the vehicle is abandoned and pushed away, the subjective is not clear that the vehicle is the owner of the property. Based on this key fact, the two lawyers believe that the person involved in the case subjectively does not constitute the offence of theft.
At the same time, for the question of whether this case objectively constitutes multiple theft, the two lawyers combined the opinions of the Legal Policy Research Office of the Supreme Prosecutor of the People's Republic of China on the Reply to the Opinion on the Application of Laws on the Determination of ‘Times’ in Multiple Thefts of 18 March 2016 and the Opinions on Several Issues on the Application of Laws in the Trial of Criminal Cases of Robbery and Snatch by the Supreme People's Court of 2005 The content of the provisions of the Opinions on Several Issues Concerning the Trial of Criminal Cases of Robbery and Snatching, put forward the view that if the perpetrator commits consecutive acts in the same place on the basis of the same subjective understanding, the act should generally be regarded as a single act.
During the period of bail pending trial, the client took the initiative to contact the victim, made a sincere apology and reasonable compensation, and finally reached a settlement agreement with the victim and gained the victim's understanding.
With their solid professional knowledge and rich experience in defence, the two lawyers in the case of the process of continuous communication and coordination with the procuratorial organs, fully elaborated the defence point of view, and ultimately, the Beijing Municipal Haidian District People's Procuratorate comprehensively consider all the circumstances of the case, according to the relevant provisions of the law, the decision not to prosecute the person concerned.
This decision not to prosecute not only reflects the strict requirements of China's laws on the standard of evidence, to ensure the fairness of justice, but also shows the humanistic care of the law. At the same time, this decision also for the public to sound the alarm, reminding everyone in our daily lives to always comply with the laws and regulations, to avoid a moment of negligence or greed and violate the red line of the law.
JAVY law firm has always been committed to providing professional, efficient and comprehensive legal services to its clients. The successful defence of this case is another manifestation of the strength of the firm's professional team. In the future, JAVY law firm will continue to uphold the service concept of ‘entrusted by others, loyal to others’, and constantly improve professionalism and service level, to protect the legal rights and interests of more clients, and contribute more to the construction of a society based on the rule of law.
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