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Recently, Jiawei Law Firm senior partner XuFaDong lawyers, QuLuPing lawyers for WangMouMou (a pseudonym) suspected of theft case review prosecution stage of the defense work, by virtue of professional legal analysis, rigorous attitude and effective communication and collaboration, only after a short period of 20 days, in the procuratorate's initial sentencing opinion "sentenced to one year of fixed-term imprisonment, one year probation In the case where the initial sentencing opinion of the procuratorate was “one year of imprisonment and one year of probation”, the procuratorate was successfully induced to decide not to prosecute the person concerned.

01 the first time to read and analyze and quickly draft and submit written defense advice

the case was transferred to a city in zhejiang province, a district people's procuratorate for prosecution, the amount of money involved in the case was initially determined to be more than 20,000 yuan, the prosecuting authorities had considered the sentencing recommendations for sentenced to one year imprisonment, one year probation. 2025 June 16 two lawyers accept the entrustment of the first time to contact with the undertaking of the procuratorate, the next day that is rapidly Finish reading the work.

Through in-depth and detailed analysis of the case file materials, and combined with public channels to obtain the promotional information of the merchants involved in the case, the team of lawyers keenly found that the case involved behavior at the time of the Spring Festival promotional period, the price of the stolen goods generally 1-3% off, especially 1-2% off the majority of the investigating authorities on the value of the stolen goods is abnormally high, failing to objectively reflect the actual market price of discounts at that time. In addition, the case file transcripts clearly documented that the person concerned has surrendered, but was not recognized in the indictment.

Based on this, XuFaDong, QuLuPing lawyers quickly form a written defense timely submitted to the procuratorial organs, focusing on the amount of money involved in the determination of the objectivity and the legal surrender to the procuratorial organs to put forward professional defense, and attached to the detailed evidence to support the supporting materials.

02 Procuratorial authorities after reviewing and adopting the lawyer's defense, returned to the investigation to re-identify the price of stolen clothing

Procuratorial authorities attach great importance to and recognize the lawyer's defense, according to the law, the case will be returned to the investigating authorities to supplement the investigation, requiring the investigating authorities to retrieve the relevant sales records of the merchants involved in the original data, and commissioned the price of the value of the stolen goods re-appraisal agencies. At the same time, the procuratorial authorities also recognized that Wang Moumou has surrendered.

The investigating authorities in accordance with the requirements of the procuratorial organs to carry out supplementary investigation, after re-appraisal of the price conclusion of the determination of the amount involved in the final amount of RMB 7329 yuan.

03 Comprehensive evidence and materials of the whole case, not prosecuting the defense was finally adopted by the procuratorial authorities

The two lawyers in the review of the supplementary investigation and re-reporting of the case file materials, on the same day, that is, the formation of written additional defense: in the confirmation of the amount of a significant reduction of the basis, combined with the parties are first-time offenders, occasional offenders, with a clear self-surrender, plead guilty and accept punishment with a good attitude, has been the full amount of return of stolen goods and obtain the understanding of the victim and other legal and discretionary mitigating circumstances, arguing that This case meets the “crime is minor, according to the criminal law does not need to sentence or exempt from punishment” conditions. At the same time, the lawyer team will zhejiang province in the past two years, a number of cases of non-prosecution case as an annex to submit, further support the defense of non-prosecution point of view.

Procuratorial authorities after a comprehensive review of the evidence in the case, adopted the defense counsel on the non-prosecution of the opinion, on July 7, 2025, Wang Moumou made a decision not to prosecute.

04 lawyers defense thoughts

prosecuting authorities in the review of prosecution, according to the law prudent adoption of professional lawyers defense, fully embodies the “leniency and severity” of the criminal justice policy and the relentless pursuit of justice in individual cases, as well as the courage to abide by the objectivity and impartiality of the professional ethics and the spirit of responsibility and commitment.

At the same time, the defense lawyer rigorous and careful reading, comprehensive analysis and judgment, rapid formation of defense opinions, and with the judicial organs for timely, professional, rational and effective communication is particularly important, is to promote the case according to the law is the key to the proper handling of the case.

The two lawyers said: this case from the initial proposed “a suspended sentence” to the final results of the non-prosecution, we deeply feel that the criminal defense work related to the personal freedom of citizens, family peace and social evaluation, a great responsibility and mission is honored. Once we accept the commission as a defense lawyer, only with a high degree of responsibility in-depth study of the case file, do everything possible to eat through the case file, to find the right problem, the defense of the idea of clear, accurate grasp of the legal provisions of the law, rigorous analysis of the argument, and do our best and most likely to persuade the judiciary to accept the defense of the lawyer's opinion, for the client to get the best results in order to effectively safeguard the legitimate rights and interests of the parties involved in the individual cases. Demonstrate the power of defense lawyers and mission.

Lawyers should fight for the righteousness of mankind, die in the name of the martyr's friends. We know that every defense carries a high degree of trust and unlimited expectations of the parties. JIA LAWYER criminal defense team has always abided by the spirit of professional dedication and selfless professional ethics, and strive within the framework of the law, for the client to the most favorable and most successful results without regret, to maintain justice and contribute to the power.