Huixiang dynamic, Huixiang lawyer effective defense, the client Zhang after the arrest of a non-prosecution.

2022-08-16

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ALLWELL LAW FIRM

Gather strength, and follow detailed

On August 15, 2022, the client, Mr. Zhang, sent two pennants to lawyer Kui Zhuoran, member of the board of supervisors and deputy director of the Criminal Committee of Beijing Huixiang Law Firm, and lawyer Zhang Qian, vice president of Huixiang Criminal Defense Research Institute and deputy director of the Criminal Committee, to thank lawyer Kui Zhuoran and lawyer Zhang Qian for their high-quality legal services. The pennants "dedication and integrity, the eight-character praise of" defending justice "expresses the client's full recognition and trust in the professionalism and professionalism of the two lawyers.

On January 7, 2022, Mr. Zhang was detained on suspicion of rape. On January 19, the prosecution approved the arrest. The anxious family of Mr. Zhang came to Beijing Huixiang Law Firm and entrusted Mr. Kui Zhuoran and Zhang Qian as Mr. Zhang's defense lawyers.

When the defense lawyer intervened in the case, the client Zhang had been approved to be arrested, and the time was tight and the task was heavy. Lawyer Kui Zhuoran and lawyer Zhang Qian immediately applied to the procuratorial organ for access to the file, and met with the client Zhang many times to understand the case, sort out the details of the case, help him understand the relevant legal provisions, and give timely guidance to Zhang.

Through the meeting, the two defense lawyers quickly clarified their thinking, formulated litigation strategies, and preliminarily judged that the client Zhang did not have criminal facts, and there was a possibility of wrong cases in this case.

After reviewing the materials of the case, the two defense lawyers found that there were many problems and contradictions in the evidence collection procedure, fact finding and evidence effectiveness in this case, which could not exclude reasonable doubt. Lawyers Kui Zhuoran and Zhang Qian resisted the pressure and went up to the difficulties. After consulting the file, the two defense lawyers put forward several defense views to the prosecutor, and at the same time submitted written opinions on the innocence defense, and made full and detailed communication with the prosecutor many times, and argued with the prosecutor on key issues. After the two parties fully analyzed and discussed the evidence and facts, the procuratorial organ returned to the public security organ twice for supplementary investigation in response to the relevant reasonable doubts raised by the defense lawyer.

In the end, the procuratorial organ listened carefully to the opinions of the defense lawyer and believed that the above reasonable doubts raised by the defense lawyer could not be ruled out through evidence. On August 4, 2022, a district procuratorate in Beijing announced to the party Zhang a decision not to prosecute. On the same day, the party Zhang has been released and returned home to reunite with his family.

  After inquiring about public information, this non-prosecution decision is the first non-prosecution after the arrest of a certain district procuratorate in Beijing on the crime of rape, and it is also the only one.

In an interview with us, lawyer Kui Zhuoran said: "the success of the case is not only due to the trust of the parties in the defense lawyers, but also to the fact that the prosecutors handling the case can listen carefully to the opinions of our defense lawyers. It not only safeguarded the legitimate rights and interests of the parties, but also conscientiously performed the duties of judicial supervision, safeguarded social fairness and justice, and adhered to the bottom line of the law. I think we should not have any desire for merit, but should silently thank the prosecutor who made the decision not to prosecute. It is they who uphold their professional conscience and stick to the bottom line of justice. They are the most worthy of our respect."

Lawyer Zhang Qian, who received the banner, was surprised and modest, but also sighed: "to tell the truth, when we took over, the client Zhang had been approved for arrest, which made our subsequent defense very passive. But no matter how passive the situation is, from the moment I formally accept the client's entrustment, I will try my best to strive for the greatest interests for the parties. And the more difficult the case can bring greater growth, and the improvement of professionalism brings me great happiness. This pennant urges me to give full play to my professional standards in every case in the future to help more people."

We also believe that a lawyer who is highly responsible to his clients, a lawyer who devotes himself to improving his professional quality, and a lawyer with warm-hearted and kind-hearted quality and a mentality of not being arrogant and impetuous must be in the future!

 

Lawyer Presentation
 

 

Lawyer Kui Zhuoran

 

Lawyer Kui Zhuoran once worked in the public security bureau of a municipality directly under the Central Government for ten years, involving criminal investigation, economic investigation, intelligence, legal system and other departments, participated in handling a large number of major criminal and economic cases, and received many awards for meritorious service. After working as a full-time lawyer, he has represented the following cases (in part):

 

1. criminal defense

1. The "Lou He Extraordinary Underworld Gang" in Jinzhou City, Liaoning Province, represented Lou Mou, the No.1 defendant of the gang involved;

2. The case of corruption and abuse of power by Geng, the former deputy mayor of Baoshan City, Yunnan Province;

3. In Luliang City, Shanxi Province, the case of setting up a casino on a very large overseas network was effectively defended, and the felony (the crime of opening a casino) was changed to (the crime of helping letters);

4. In the case of Li's illegal occupation of agricultural land and illegal mining in Ordos City, Inner Mongolia, after an effective defense, he obtained a suspended sentence for the parties under the premise of the two crimes;

5. In Xianning City, Hubei Province, Li Moumou's gang contract fraud case, the crime amount was more than 0.1 billion yuan. After effective defense, he won the legal minimum sentence (ten years) for the parties.

 

2. cases of non-prosecution or non-arrest

1. Jiang, an executive of a real estate company, is suspected of intentional injury;

2. Zhou Mou (Deputy Bureau), an executive of a state-owned enterprise, was suspected of provoking trouble and successfully did not prosecute;

3. Jin, an executive of a listed company, was suspected of illegally misappropriating funds and successfully did not prosecute;

4. Guo Moumou was suspected of falsely issuing special value-added tax invoices. After the procuratorate prosecuted, he successfully failed to approve the arrest and was released on bail pending trial;

5. Tian Moumou was suspected of committing a major liability accident and successfully failed to approve arrest and was released on bail pending trial.

 

3. accusatory cases

1. An Internet giant helped the company successfully file a lawsuit in Shanghai because its employees were suspected of taking bribes from non-state employees;

2. An Internet company helped the company successfully file a lawsuit in Fujian because its employees were suspected of embezzlement;

3. A listed real estate company helped the company successfully file a lawsuit in Nanjing because its employees were suspected of embezzlement;

4. A listed game company helped the company successfully file a lawsuit in Beijing because its employees were suspected of illegally obtaining computer information systems;

5. A Hong Kong-listed company, whose business reputation was damaged because its competitors fabricated and spread false facts, helped the company successfully file a case in Beijing for the crime of damaging its business reputation.

 

Lawyer Zhang Qian

 

Bachelor of Laws, Beijing University of Chemical Technology, Master of Laws, China University of Political Science and Law. He is currently the vice president of the Criminal Defense Research Institute of Beijing Huixiang Law Firm and the deputy director of the Criminal Committee. Mainly engaged in criminal case defense and agency, criminal prosecution and criminal legal risk prevention (criminal compliance) legal services.

 

Lawyer Zhang Qian has worked in several district-level people's procuratorates of a municipality directly under the Central Government and the Criminal Trial Supervision Department of the Second Branch of the People's Procuratorate of a municipality directly under the Central Government for 14 years. He has served as a clerk and assistant prosecutor, handling economic crimes, 1. second instance and retrial cases. More than 1,000 cases; and participated in guiding and handling more than 100 cases of duty crimes and economic crimes supervised by the Ministry of Public Security and the Municipal Procuratorate with major social impact and complicated cases.

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