"Thank you so much Lawyer Zhao, the baby has been released!" On June 27, 2024, the client's family informed lawyer Zhao Yifan by phone: Thank you very much Lawyer Zhao, the baby has returned home safely! They didn't expect to see the baby so soon!
Recently, Zhao Yifan of our firm represented a traffic accident case, because the case involved a human life, the case was quite tricky and sensitive. However, through the unremitting efforts of lawyer Zhao Yifan, the procuratorate finally achieved the result of not approving the arrest of the criminal suspect. A few days ago, the suspect has been successfully released on bail pending trial. At this time, it was only twelve days since the family commission.
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How the case was handled
Ma Moumou, female, 17 years old, is a student of a vocational school in Xi'an. At 15:00 on June 13, 2024, he was criminally detained by the Xixian New District Branch of the Xi'an Public Security Bureau due to a traffic accident that caused the death of one person. On June 15 (Saturday), lawyer Zhao Yifan accepted the entrustment, believing that the suspect was a minor and a student at school, and was instructed by others at the time of the crime, and should strive for legal protection, focusing on saving education, so that he could return to school as soon as possible to continue his studies.
At 9 a.m. on June 17 (Monday), lawyer Zhao Yifan met with Ma for the first time and asked about the incident. After meeting with the parties and sorting out the facts of the case, Zhao Yifan, Wang Xiaoxuan and a number of senior lawyers of the team conducted case analysis and judgment, made a detailed analysis, and found out the core key points of the case. Based on these key points, a defense opinion was formed in the shortest possible time, and then the details of the case were communicated with the police handling the case by the public security organs, and an "Application for Release on Bail Pending Trial" was submitted. On the same day, the public security organs verbally informed that the compulsory measures would not be changed, and the bail had failed.
On June 19, the police transferred the case to the procuratorate for arrest. Lawyer Zhao Yifan clearly knows that because the suspect Ma is a minor, he has been seriously frightened since he entered the detention center, and he is even more nervous and panicked when he is questioned, and sometimes he has an emotional breakdown, answering questions upside down, and having a confused mind. After learning that the prosecutor would interrogate Ma on June 21, lawyer Zhao Yifan and lawyer Wang Xiaoxuan decided to immediately conduct psychological counseling and legal guidance for Ma before the procuratorate's interrogation on the afternoon of the 20th, patiently soothing his emotions, helping him clear his mind, and persuading him to truthfully state the case to the procuratorate in order to advance the process of the case.
After the meeting, lawyer Zhao immediately wrote an "Application for Non-Approval of Arrest" overnight in accordance with the regulations on the judicial protection of minors and the spirit of the Supreme Procuratorate's criminal policy of "fewer arrests and cautious prosecution", and submitted it to the procuratorate as soon as possible after the procurator arraigned him on the 20th. During the golden period when the procuratorate decided whether to approve the arrest, Mr. Zhao made reasonable suggestions through written and telephone communication. Finally, on the evening of June 25, the procuratorate made a decision not to approve the arrest, and the suspect Ma was successfully released on bail on the 27th.
In the follow-up work, Mr. Zhao will contact the family of the deceased to negotiate compensation.
Decision on release on bail pending further investigation
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Case Impressions:
1. For cases involving minors, lawyers need to empathize and consider the problem from the perspective of parents, in addition to solving legal affairs, they should also pay attention to education issues to ensure that the minor parties can reintegrate into school and society after the case is over.
2. Communication is crucial, and lawyers need to actively communicate with relevant personnel, and seize the golden time node to put forward effective opinions in a timely manner to promote the development of defense work.
3. Have a sense of the overall situation, the impact of criminal cases on the parties and their families is huge, and the family members may have different ideas, so the lawyer should stand on a higher and more long-term perspective, conduct forward-looking analysis for the parties, and control the overall situation.
4. The criminal investigation stage is called the "golden rescue period" or "golden 37 days", the lawyer's response speed and professional level are very important to the progress of the case, handling the case is like a battle, and the rapid response and correct professional handling will directly affect the progress of the case, because once the opportunity is lost, it will be a failure.
Lawyer Profile
Zhao Yifan, a full-time lawyer at Yingke Xi'an Law Firm, has studied and practiced in many procuratorates and courts in Xi'an city and county, and has accumulated certain practical experience. He is good at criminal defense, criminal and civil intersection, case enforcement, and legal counsel.
Handled some cases:
1. Case of Sun's suspected illegal absorption of public deposits;
2. Case of Liu suspected of picking quarrels and provoking trouble;
3. Li's fraud case;
4. Case of motor vehicle traffic accident liability dispute between Zhao and Yan, Zhang and Xi'an Central Branch of Ping An Property Insurance Co., Ltd. of China;
5. Liang's family property inheritance dispute case, and the execution has been completed.
Source: Yingke Xi'an Law Firm