Recently,lawyer Xiaohua DONG,Senior Partner of Gaopeng&Partners,was entrusted with the case of ZHANG who was suspicion of negligent homicide.Due to the rapid collection of evidence by the lawyer and timely submission of lawyer’s opinions,the client was finally released on bail pending trial after 7 days of criminal detention,winning unanimous praise from ZHANG and his relatives.
ZHANG was criminally detained on September 23 on suspicion of negligent homicide.After being entrusted by the relatives of ZHANG on September 27,lawyer Xiaohua DONG learned about the case details from ZHANGundefineds relatives,and determined preliminary working ideas.
Due to an important arrangement on September 28 that could not be changed,lawyer DONG met with ZHANG in Xianghe Detention Center early on the morning of September 29.Upon the investigation of case details,DONG found that there were many doubts surrounding the case,creating many obstacles against conviction.But ZHANG,who is very old,was very pessimistic,thinking it impossible for him to be released.He was ready to take all the responsibilities and would not get anyone into trouble,so he hadnundefinedt made any self-beneficial statement to the police.Lawyer DONG told him to trust the law,take the responsibilities if any,rather than all responsibilities,and to give a truthful and comprehensive narrative during interrogation by prosecutor.
After the meeting,lawyer DONG learned that the case had been transferred for review and arrest.It took only 3 days for the investigating agency to report the arrest,which was indeed something unexpected to lawyer DONG.With the National Day holiday approaching,lawyer DONG judged that the procuratorial agency would close the case on September 30.Time was very tight.Lawyer DONG quickly wrote out a legal opinion in the car suggesting that the arrest should not be approved.At the same time,he asked the relevant personnel of ZHANGundefineds company to prepare materials proving the legitimacy of ZHANGundefineds behavior.It was lunch time after lawyer DONG printed and bound the legal opinions and all the materials.After a hurried lunch,he rushed to the Procuratorate at one oundefinedclock in the afternoon,but unfortunately the prosecutor in charge went to the detention center for interrogation,and the entrustment procedures and legal opinions need to be handed over to the prosecutor in person.
What to do?Lawyer DONG was never afraid of trouble and tire.He went back to the detention center and waited at the entrance from two oundefinedclock until five oundefinedclock in the afternoon when the prosecutor finally came out.Lawyer DONG instantly submitted the entrustment procedures and legal opinions to the prosecutor,explained explaining face to face that there were major doubts in the evidence creating insurmountable obstacles to the conviction,and suggested not approving the arrest.The prosecutor listened carefully to him and accepted the materials for further investigation.
On September 30,the day before the National Day holiday,ZHANGundefineds relatives were notified by the Public Security Bureau by a call to go through the procedures for bail pending trial.They were very excited and joyful for ZHANGundefineds temporary releasing,and made a call to lawyer DONG for gratitude.
Lawyer DONG believes that ZHANG’s release on bail pending trial after 7 days of criminal detention was due to three important reasons:Firstly,the timely entrustment by relatives and their unconditional trust in and cooperation with the lawyer;secondly,the work efficiency and professional competence of the lawyer;thirdly,and the most importantly,the objectivity and justice of the prosecutor who handled the case based on the facts and evidence,without interference by other extra-case factors.
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