1、Defense at the stage of examination and prosecution by the procuratorate

After the suspect Zhang was transferred to the procuratorial organ for the crime of rape and forced humiliation against the waitress Cheng during KTV consumption,his family entrusted Guo Jinhui's lawyer team to provide a criminal defense for Zhang.

After accepting the entrustment,the lawyer went to the detention center to meet Zhang.Zhang and the lawyer said that under unreasonable circumstances after drinking,he did beat the victim and forced the other party to take off their clothes.He himself regretted this very much and was willing to accept legal punishment."However,I really did not commit rape against Cheng,and I feel very puzzled and unjustified about the accusation of Cheng.I hope the lawyer can help him clear the innocent accusation of rape.".

In China's criminal law,the crime of rape is a serious crime,with a term of imprisonment starting from three years.Once Zhang is wrongly convicted of the crime of rape,he will not only face a sentence of at least three years,but may also be unable to lift his head for the rest of his life,and may have doubts about the fairness of justice.Lawyers attach great importance to this.After repeated and careful study of the case file,the lawyer believes that the evidence in the prosecution opinion of the public security organ accusing Zhang of committing rape against Cheng is insufficient.The statement of the victim,Cheng,accusing Zhang of rape,has multiple doubts and is unreasonable.It cannot be ruled out that Cheng made a false statement for some reason,and the existing evidence cannot fully prove that Zhang committed rape against Cheng in the bathroom.As for Zhang,who is accused of committing the crime of forced humiliation,Zhang himself basically agrees with this fact,and the evidence in the case file of the public security organ is relatively sufficient.There is no dispute about the nature of this crime.Article 237 of the Criminal Law of China divides the sentencing provisions for this crime into two situations.The general sentencing period for a crime is fixed-term imprisonment of not more than five years,and for a gathering of people or in a public place(the circumstances are serious),it is fixed-term imprisonment of not less than five years.If both of the above crimes are established,If the crime of forced humiliation is found to be serious,Zhang will face a minimum of five years in prison.

In response to the above situation,the defense strategy developed by the defense lawyer is to seek the approval of the procuratorial organ that Zhang may be wronged by the victim,and that the evidence for Zhang's suspected rape crime is insufficient,so the crime will not be recognized.For Zhang's suspected forced insult crime,it is recommended that the suspect Zhang voluntarily plead guilty and accept punishment,and strive for the procuratorial organ to identify the sentencing circumstances as ordinary,with a sentence of up to five years in prison,And strive to reach an agreement with the victim on compensation issues to obtain the understanding of the victim.

At the suggestion of the lawyer,the family members sincerely apologized and compensated the victim,obtained the victim's understanding and signed an understanding agreement with Zhang's family.

The lawyer will submit a written defense opinion and understanding agreement to the handling prosecutor.In order to allow the procuratorial organ to recognize the lawyer's opinion,the lawyer has searched for multiple cases of forced humiliation in KTV private rooms that have not been recognized by the court as serious cases involving forced humiliation in public places.The lawyer will submit the above cases to the procuratorate.

After research,the procuratorial organ has adopted the opinion that the KTV private room proposed by the lawyer is not a public place,and that the sentencing circumstances of Zhang's suspected crime of forced humiliation belong to the general circumstances,rather than the serious circumstances.The sentencing range should be within five years of fixed-term imprisonment,and the defense opinion that the victim's understanding should be lenient should also be adopted.However,the defense opinion that Zhang was suspected of having insufficient evidence for the crime of rape was not adopted.

Finally,the procuratorate brought a public prosecution to the court for Zhang's suspected rape crime(with a sentencing range of three to ten years in prison)and forced insult crime(with a sentencing period of less than five years in prison),and proposed a sentencing recommendation for Zhang to be sentenced to four years in prison(with a sentencing recommendation of three years for rape,two and a half years for forced insult crime,and four years for the combined sentencing of the two crimes).

2、Defending in court trial stage

During the trial stage,lawyers raised several doubtful points about the crime of rape based on the evidence submitted by the procuratorate,such as the confession of the victim was inconsistent with other evidence and in many places did not conform to common sense,and there were significant differences between the confession of the victim and the conclusions of the expert opinion.The lawyer proposed that the procuratorate accused Zhang of committing the crime of rape with insufficient evidence,and it cannot be ruled out that the victim made false accusations by fabricating the facts of rape in order to obtain more compensation,A reasonable suspicion of forcing the defendant to pay more compensation.

Regarding the crime of forced humiliation,the lawyer proposed that the defendant plead guilty and accept punishment.Zhang's family members have compensated and obtained understanding from the victim.Zhang's subjective malignancy is minor and he is a first offender.Finally,it is recommended that the court sentence the defendant to imprisonment of not more than one and a half years.

After an effective defense by a lawyer,the court adopted the lawyer's defense opinion and ruled in court that the indictment of the public prosecution authority did not support Zhang's accusation of rape due to insufficient evidence.The defense opinion of the defense lawyer was established,and the court accepted it."For the crime of forced humiliation committed by Zhang,a lawyer's defense opinion on a lighter sentence was adopted,and Zhang was sentenced to one year in prison.".Given that Zhang had been in custody for 11 months at the time of the court trial,Zhang was released after serving his sentence one month after the court made the judgment.

Defendant Zhang and his family members are very satisfied and grateful for the lawyer's defense work.Lawyers'efforts have enabled the justice of the law to be reflected.While the accused is being punished by the law,they have also been treated fairly by the law,without being wronged by innocent people,and have safeguarded the legitimate rights and interests of the parties to the greatest extent.

(This article is translated by software translator for reference only.)