Lawyer Xue Hongling successfully defended her innocence, and the party involved in the suspected illegal business case was withdrawn from prosecution by the prosecutor's office

2024 09/26
Recently, Xue Hongling, a lawyer from Gaopeng Law Firm, was involved in a case suspected of illegal business operations. After being acquitted, the Beipiao City Procuratorate in Liaoning Province allowed her to withdraw the case from the Beipiao City Court and made a decision not to prosecute.

When Lawyer Xue intervened, the case was in the first instance stage and was being tried by the Beipiao City Court. The client Z is the business manager of Chitu Company, and the Beipiao City Prosecutor accuses his company of "providing paid information deletion services for e-commerce stores", which is suspected of infringing on citizens' personal information.

After reviewing the case files and communicating with the parties involved, Lawyer Xue believes that the operating model of Chitu Company does not involve any criminal activities at all. Unfortunately, the defense opinion was not supported by the Beipiao City Prosecutor's Office. During the case handling process, the lawyer discovered that the handling prosecutor had a statutory recusal situation, so he continued to apply for recusal and prosecution. In May of this year, although the Beipiao City Prosecutor believed that the reason for recusal was not valid, they replaced the prosecutor. Afterwards, the Beipiao City Prosecutor's Office changed the charge to a more serious crime of illegal business operation.

So, Lawyer Xue worked together with other defense lawyers in the case to report the situation to the higher authorities. Fortunately, the case continued to receive attention from higher-level leaders: Prosecutor Liu Jinlong of Chaoyang City took the initiative to meet with the defense counsel, listen to the opinion of innocence, and conduct on-site inspections of Chitu Company; The Beipiao Municipal Prosecutor's Office held a public hearing, and three legal professionals believed that Chitu Company did not constitute a crime; Liaoning Provincial Prosecutor Gao Xin met with the parties and defense counsel to hear their opinions.

With the attention of Prosecutor General Gao Xin and Prosecutor General Liu Jinlong and the efforts of lawyers, on August 27, 2024, the Beipiao City Prosecutor's Office applied to the Beipiao City Court to withdraw the prosecution. On September 23, 2024, the Beipiao City Prosecutor's Office issued a "non prosecution decision".

The proper resolution of this case cannot be separated from the persistence of the parties and lawyers, and it is also a concrete manifestation of the Liaoning Provincial Procuratorate, Chaoyang City Procuratorate, and Beipiao City Procuratorate's deep practice of "serving the overall situation, serving the people's judiciary, and taking responsibility for the rule of law with high quality and efficiency in handling every case.
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