Viewpoint | From "several crimes" to "exemption from punishment" ------ the whole defense of a middle school student's crime-related case
Published:
2022-03-14
Recently, Jia Xincui, director of the criminal department of Zhongcheng Qingtai (Jinan) Law Firm, accepted the entrustment to handle a case in which a senior high school student was suspected of provoking trouble and gathering people to fight. The case involved nearly 30 high school students, and most of them were close to the college entrance examination. The children's lives seemed to be full of haze. The defense lawyer defended the whole process, peeling off the cocoon layer by layer, from combined punishment for several crimes to exemption from criminal punishment, the sky of the children finally opened. Brief of the case Client Li Moumou (senior high school students) was insulted by Lin and others (all senior high school students) and made an appointment with Lin and others. There were about 8 people in Li and 22 people in Lin. After the two sides arrived at the agreed reservoir, there was a fight, causing one person to be slightly injured. In the afternoon, because classmate Liu Moumou wanted to ask Wang Mou for his girlfriend's medical expenses, Li Moumou followed Liu Moumou to the scene. Liu Moumou beat Wang Mou and demanded 2000 yuan from Wang Mou. The public security organ filed a case on suspicion of gathering people to fight and provoke quarrels, and the public security bureau of a certain district handled the case as a crime-related case. Because the case involved a large number of people, all of whom were students at school, and involved two administrative regions, after the incident, it caused great concern in the two districts. The defense process Investigation stage: The defender proposed that this case is not a criminal case involving gangs, but only a dispute between students and does not constitute a crime. Later, the public security organ took the case as a general criminal case and transferred it to the procuratorate on suspicion of provoking quarrels and affray; Review and prosecution stage: the defender proposed that Li did not constitute the crime of provoking trouble, although there was an act of affray, but it could not be regarded as a crime, and suggested not to prosecute. The procuratorial organ recognized that Li did not constitute the crime of provoking quarrels, but constituted the crime of affray, and filed a lawsuit in the court on suspicion of affray; Trial stage: The defender proposed that although Li Moumou and others had the behavior of gathering crowds to fight, they belonged to a group fight between middle school students due to ordinary conflicts, and the persons involved in the case were all high school students who were about to take the college entrance examination and applied for them. Exempt from punishment. The court finally accepted the defender's opinion and exempted the two (principal offenders) from criminal punishment. The procuratorate then made a decision not to prosecute the remaining 20 or so involved. A whirlwind of adolescence ends in calm. Enlightenment of this case 1. 30 high school students, there are 30 families behind them. If they are treated as crimes, the life trajectory of 30 children will be rewritten. They may really become the opposite of society. The result of such treatment will be unbearable for children, families and society; adolescent children are a special group, and more tolerance and help should be given to them; The ultimate goal of 2. justice is not to punish, but to educate, guide and inspire people's good thoughts and good deeds. The handling of this case is a judicial process with a temperature, which has achieved a high degree of unity between legal and social effects; 3. the current Supreme People's Procuratorate's judicial concept of less arrest, cautious prosecution and cautious judgment is conducive to maintaining social stability and promoting judicial progress; 4. defense lawyers should be able to defend the whole process, and they can do much at the three stages of public, procuratorial and legal.
Recently, Jia Xincui, director of the criminal department of Zhongcheng Qingtai (Jinan) Law Firm, accepted the entrustment to handle a case in which a senior high school student was suspected of provoking trouble and gathering people to fight. The case involved nearly 30 high school students, and most of them were close to the college entrance examination. The children's lives seemed to be full of haze. The defense lawyer defended the whole process, peeling off the cocoon layer by layer, from combined punishment for several crimes to exemption from criminal punishment, the sky of the children finally opened.
Brief of the case
Client Li Moumou (senior high school students) was insulted by Lin and others (all senior high school students) and made an appointment with Lin and others. There were about 8 people in Li and 22 people in Lin. After the two sides arrived at the agreed reservoir, there was a fight, causing one person to be slightly injured.
In the afternoon, because classmate Liu Moumou wanted to ask Wang Mou for his girlfriend's medical expenses, Li Moumou followed Liu Moumou to the scene. Liu Moumou beat Wang Mou and demanded 2000 yuan from Wang Mou.
The public security organ filed a case on suspicion of gathering people to fight and provoke quarrels, and the public security bureau of a certain district handled the case as a crime-related case. Because the case involved a large number of people, all of whom were students at school, and involved two administrative regions, after the incident, it caused great concern in the two districts.
The defense process
Investigation stage:The defender proposed that this case is not a criminal case involving gangs, but only a dispute between students and does not constitute a crime. Later, the public security organ took the case as a general criminal case and transferred it to the procuratorate on suspicion of provoking quarrels and affray;
Review prosecution stage:The defender proposed that Li Moumou did not constitute the crime of provoking trouble. Although he had the act of gathering people to fight, he could not be regarded as a crime and suggested that he should not prosecute. The procuratorial organ recognized that Li did not constitute the crime of provoking quarrels, but constituted the crime of affray, and filed a lawsuit in the court on suspicion of affray;
Trial stage:The defender pointed out that although Li and others gathered to fight in groups, they belonged to a group fight between middle school students because of ordinary contradictions, and the people involved in the case were all high school students who were about to take the college entrance examination and applied for exemption from punishment. The court finally accepted the defender's opinion and exempted the two (principal offenders) from criminal punishment.
The procuratorate then made a decision not to prosecute the remaining 20 or so involved.
A whirlwind of adolescence ends in calm.
Enlightenment of this case
1. 30 high school students, there are 30 families behind them. If they are treated as crimes, the life trajectory of 30 children will be rewritten. They may really become the opposite of society. The result of such treatment will be unbearable for children, families and society; adolescent children are a special group, and more tolerance and help should be given to them;
The ultimate goal of 2. justice is not to punish, but to educate, guide and inspire people's good thoughts and good deeds. The handling of this case is a judicial process with a temperature, which has achieved a high degree of unity between legal and social effects;
3. the current Supreme People's Procuratorate's judicial concept of less arrest, cautious prosecution and cautious judgment is conducive to maintaining social stability and promoting judicial progress;
4. defense lawyers should be able to defend the whole process, and they can do much at the three stages of public, procuratorial and legal.
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
