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Innocent case: Li X was suspected of theft and obtained a guarantor pending trial after defense, and was later decided not to prosecute

Brief Introduction

In January 2021, Li X was sentenced to criminal detention by Minhang Branch of Shanghai Public Security Bureau for stealing another person's mobile phone. His family entrusted the defender to defend him during the investigation stage, hoping that the defender could fight for the opportunity to obtain a guarantor pending trial.

After accepting the entrustment, the defender arranged a meeting in time to understand the case in detail, and comforted and provided legal guidance to Li X in custody. After sorting out the case, the defender first went to the case handling police officer to conduct in-depth communication with the police officer on the view that "Li X is a first time accessory offender, not a habitual thief, and the second crime may be small, the value of the stolen mobile phone is not high, and Li X and his family are willing to compensate the victim's loss". Then the defender went to the victim's place in time to help Li X compensate the victim's loss and gain understanding, and submitted the Application for Bail Awaiting Trial and the Legal Opinion on Not Approving the Arrest of Li X's Decision to Minhang Branch of Shanghai Public Security Bureau and Minhang District Procuratorate of Shanghai in time. Later, the defender's opinion was recognized by the public security and the procuratorate, and Li X was decided not to approve the arrest, and was decided to obtain a guarantor pending trial on the 37th day of detention.

After the case entered the stage of review and prosecution, the defender actively communicated with the undertaking prosecutor after reading the papers and submitted the Legal Opinion on Li X's Decision not to Prosecute. The opinion of the opinion was highly recognized by the prosecutor, who decided not to prosecute Li X, and the innocent defense was successful.

[Defense Experience]

This case is a successful innocent defense case. In the process of handling the case, the defender met with the parties many times and took pains to communicate with the public prosecutor many times, making the result of this case far exceed the family's expectations. In addition, another important reason for the acquittal of the case is that the defender focuses on criminal defense, and has a better understanding of the standards for sentencing and non prosecution of theft within the public security and procuratorate, which plays a key role in the effective communication between the defender of the case and the public prosecutor.


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Judgment date: 16:00:00 Sunday, February 28, 2021

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