On October 22, 2021, Mr. Li Moumou, a partner at Zhongwen Law Firm, was represented by Mr. Wang Chao, a partner of Zhongwen Law Firm, and through effective defense, he helped him obtain a decision not to prosecute at the stage of the procuratorial organ's review and prosecution.
In this case, Mr. Li clashed with the victim due to a neighborhood dispute, followed by a brief fight, Mr. Li punched the victim in the face, causing the victim to fall to the ground and causing head injuries, and the appraisal concluded that the head injury was a minor injury (first-degree), and then Mr. Li was taken compulsory measures.
After accepting the entrustment, lawyer Wang Chao actively promoted the settlement of the parties and organized the parties to communicate and negotiate many times, so that the victims felt the sincere apologies of the suspect's family. Eventually, the victim agreed to reconcile and forgave the suspect's actions and no longer demanded criminal responsibility.
After the case entered the stage of review and prosecution, lawyer Wang Chao promptly consulted the case, applied for the collection of surveillance video of the occurrence of the case, and communicated with the parties the details of the case many times. After full argumentation, it was proposed to the procurator that the circumstances of Mr. Li's crime were minor, the subjective malice of the crime was small, there was no direct intention of harm to the result of the injury, and after the incident, he knew that the victim reported to the police but did not leave the scene, and met the identification conditions of "waiting for arrest at the scene to surrender", and should be determined as voluntary surrender according to law. Moreover, Mr. Li has been forgiven by the victim and reached a settlement agreement with him, the social contradictions have been resolved, the social relations have been repaired, and the case meets the conditions for non-prosecution.
After repeated communication with the procurator many times, in the end, Wang Chao's defense opinion was adopted by the procurator, and the procuratorial organ made a decision not to prosecute Li Moumou in accordance with the law.
In this case, the client Li X was suspected of intentional injury, and the appraisal result was a minor injury of the first degree, and the decision not to prosecute was obtained, reflecting the importance of the parties' full trust and cooperation with the lawyer, reflecting the key role of the lawyer in unremittingly restoring the facts, conducting legal analysis, and argumentation, highlighting the procuratorial organ's principle of "not being unreasonable" leniency and moderation, and achieving the unity of legal effect and social effect.
