Lawyer Feng Chengcheng defended accurately, and the procuratorate made a decision not to prosecute

2022 09/15

Recently, in the case of Zhang, represented by lawyer Feng Chengcheng, a partner of Gaopeng Law Firm, on suspicion of assaulting a police officer, through reading the file, submitting a defense opinion recommending not to prosecute, and continuous communication with the procurator, the procuratorate finally decided that the circumstances were minor and made a decision not to prosecute, successfully retaining Zhang's public position and gaining the recognition of the client and his family.

On July 27, Zhang was criminally detained on suspicion of assaulting police officers; On August 2, the police made a decision not to release him on bail pending trial and handed it over to the procuratorate for arrest; On August 3, Lawyer Feng went to the procuratorate to submit a legal opinion and relevant evidence materials recommending not to approve the arrest; On August 5, the procuratorate made a decision not to approve the arrest, and Zhang was successfully released on bail on the same day. On 25 August, the case was transferred by the public security organs to the procuratorate. After the transfer, Mr. Feng read the file as soon as possible, repeatedly watched the video materials taken by the law enforcement recorder, divided the whole process into three stages according to the different places where the radical behavior occurred, analyzed the behavior of the three stages one by one, and submitted defense opinions from multiple perspectives, such as the location of the impact, the intensity of the blow, the gesture movement, the duration, the result of the damage, and the impact of the outcome of the case on the client and the enterprise. On September 7, Lawyer Feng accompanied the client to plead guilty and accept punishment and signed the affidavit. On 9 September, the procuratorate issued a decision not to prosecute, holding that the case was not a crime of assaulting a police officer but a crime of obstructing official duties, and made a decision not to prosecute in view of the minor circumstances of the crime and the voluntary admission of guilt and punishment.

Under the current high-pressure situation of cracking down on the crime of assaulting police officers, it is not easy to finally obtain a decision not to prosecute this case. Throughout the process after the establishment of the entrustment, Mr. Feng always pays attention to and follows up the progress of the case, guides the family and the parties on how to supplement favorable evidence, and exchanges opinions with the public prosecution department as soon as possible, so as to achieve the best possible defense effect. The outcome of this case also reflects the judicial organs' criminal justice policy of less arrest and prudent prosecution and careful detention, and cases where the circumstances of the crime are significantly minor, the harm to society is not great, and at the same time the guilty plea and punishment should be treated as leniently as possible.


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

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