Successfully defended with the time limit for prosecution | Lawyer Lan Tianbin

Foreword

The time limit for prosecution is an interesting topic. Almost every other time will attract everyone's attention, especially involving intentional homicide cases.

Some time ago, the Supreme People's Procuratorate issued a group of guidance cases. One of them was that the woman Yang Juyun fled with her husband after being killed by her family. She was arrested 24 years later.

The time limit for prosecution refers to the effective period of criminal liability stipulated in criminal law for criminals. If the crime has passed the time limit for prosecution, criminal responsibility is no longer held. According to the "Criminal Law", the crime will no longer be prosecuted after the following period (1) The legal maximum sentence is less than five years in prison, after five years; In the year; (3) The maximum sentence of more than ten years in prison is fifteen years after fifteen years. If you think that after 20 years, you must report to the Supreme People's Procuratorate for approval.

The provisions of the time limit for prosecution are mainly to consider both justice, but also take into account the cost of law enforcement and law enforcement efficiency. It is also necessary to consider whether there are still social harmful issues. In this case, Yang Juyun killed her husband and was suspected of intentional homicide. The statutory maximum sentence was the death penalty, but after more than two decades, the Supreme Procuratorate was required to approval. The Supreme Procuratorate considers the comprehensive consideration of this case due to family contradictions, and the victim's parents and sons have been understood. They do not require Yang Juyun's criminal responsibility, and after more than 20 years, the local impact has been diluted. Yang Juyun himself no longer has a society. Harmfulness, eventually decided not to approve the prosecution of Yang Juyun. In this way, it can achieve the unity of legal effects and social effects, which is conducive to resolving contradictions. The mainstream of society is also condemning the attitude of domestic violence. This case does not pursue prosecution to impact social stability and public perception.

As a criminal defense lawyer, in the case of handling the case, we are always tightly pursuing the time limit of the time limit for prosecution, in order to use it when we can use it to maximize the rights and interests of the parties. Recently, I had a case to successfully defend the time limit of prosecution.

Apply for attempts for bail pending trial

Wang Cheng (pseudonym) was arrested and suspected of participating in the crime of participating in the underworld organization, intentional injury, and provocation.

Wang Cheng's wife found me and said that Wang Cheng was a simple person and had not done illegal crimes.

The statement of family members is of course a word, but after all, it is a person who gets along with each other, which helps us understand what the parties are.

My priority is to meet Wang Cheng, and I will choose a defense strategy to understand the situation.

Wang Chengxian was monitored by a public security organs in a city, and then turned to criminal detention. During the epidemic, it was not easy to meet. I met with Wang Cheng across a glass to meet with Wang Cheng.

Wang Cheng was very depressed at the beginning, and as he met, his state gradually became better.

Wang Cheng said that around 1998, he was engaged in ticket sales at a transportation company, and the boss was Yu Mou. Recently, the owner of the transportation company Yu was arrested for the crime of organization and leadership of the underworld, and it was involved in a large group of people, but he was innocent. He did not participate in any organization of the boss and did not contact the boss for 20 years.

According to Wang Cheng, one day in 1998, the driver Xiao Mou, the ticket salesman Wang Cheng, and the other ticket salesman Li Mou went out. After a lot, a group of migrant workers were building roads, traffic jams, and migrant workers urged them to leave quickly, but they could not go for a while. Later, migrant workers began to abuse the driver and ticket salesperson. The driver Xiao Mou got out of the car and scolded him. The migrant worker held the driver Xiao Mou. The ticket salesman Wang Cheng and Li quickly got out of the car to persuade and pull the frame. Unexpectedly, another group of migrant workers came, and Wang Cheng and Li, who were holding an iron device, hit the persuasion, Wang Cheng was forced to escape while fighting back, and quickly ran away. Wang Cheng's head was injured and sewed four stitches. The other party was injured, minor or seriously injured.

After the meeting, I submitted the "Application for the Receiving Trial" to the public security organs and communicated with the police handling police. In my opinion, Wang Cheng does not constitute the crime of participating in the underworld organization, the crime of intentional injury, and the crime of provoking trouble, and this case exceeds the time of prosecution, and should no longer be held criminally responsible. It is not a social danger to take the bail pending trial for Wang Cheng.

The police handling the case was polite and said that he would study again. However, the public security organs eventually did not agree with the bail pending trial, but reported to the procuratorate to approve the arrest.

Communicate with prosecutors quickly

The procuratorate has seven days to review whether the arrest is approved for seven days. I wrote the "Legal Opinions for Suggestions Not Approved", drove to the procuratorate to communicate with the prosecutor in person.

The prosecutor and I said that in the face of a group of people, they could not force Wang Cheng not to fight back. Wang Cheng did not hold the steel pipe to beat others at will, but just played with his fist passively to pass the defense behavior passively. Wang Cheng's "handheld steel pipe", which is a case -handling personnel forced confession and does not match the facts.

I then proposed that the time limit for prosecution in this case was five or ten years. In this case, more than two decades ago, it was obviously more than the time limit for prosecution, and criminal responsibility should not be investigated. After the incident, Wang Cheng has been observing the law and has no other illegal and criminal acts. Wang Cheng did not escape the investigation, but went to get off work normally. Therefore, the period of prosecution must be calculated normally, and this case has exceeded the time limit for prosecution. For more than two decades, Wang Cheng has not contacted his boss Yu Mou and did not participate in the underworld organization.

The prosecutor said that the case was more complicated and involved more than 20 years ago. At that time, whether to verify the criminal case, to see if it exceeded the time of prosecution, and then decided whether to approve the arrest. At the same time, after all, it is a case -related case, and it must be reported. Since then, I have repeatedly had a benign communication with the prosecutor. I said that Wang Cheng did not meet the conditions of the arrest, and it was recommended to decide not to be arrested as soon as possible.

On the last day of the examination of the arrest, the procuratorate finally decided not to approve the arrest. Wang Cheng was released on the same day.

After Wang Cheng came out, he told me that because of this period, the company fired him, and he was going to find the next job to support his family.

One year later, Wang Cheng successfully lifted the bail pending trial and returned to normal life.

Criminal cases are related to each specific individual's life and freedom and property.

Lawyer Lan Tianbin: Partner of Jiangsu Fedong Heng Law Firm, deputy director of the Criminal Business Research Association, member of the Criminal Legal Risk Prevention and Control Committee of the Nanjing Lawyers Association, former political and legal reporter, graduated from Xiamen University, focused on research company staff and public office Legal risk prevention and control and criminal defense.

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