Recently, the suspect Chen Moumou, represented by Lin Tengyu of Gaopeng (Shenzhen) Law Firm, was suspected of fraud (the lawyer successfully defended in three days, and the party obtained the decision not to approve the arrest). The investigation organ submitted the arrest of the suspect to the procuratorial organ for the second time during the period when the suspect was on bail pending trial. After the lawyer's defense, the suspect was not arrested again when the procuratorial organ considered that the facts of the crime were unclear and the evidence was insufficient, The suspect is cleared of innocent criminal suspicion.

In this case, Lawyer Lin was commissioned to serve as Chen's defender on June 13, 2022, and in just three days, he successfully cleared the suspicion and was not arrested. After obtaining bail for the suspect, the investigation authorities in this case continued to investigate and supplemented a large amount of evidence. Recently, on April 12, 2023, they requested the prosecution to arrest the suspect for the second time.

During the suspect's nearly one-year bail period, Lawyer Lin, who was commissioned, also "supplemented the investigation" of the case with the investigation agency. This case originated from the fact that the reporter entrusted the suspect to handle the urban renewal of a certain plot of land. After accepting the commission, the suspect made a diligent effort to develop a handling plan and repeatedly screened lawyers with the reporter. Later, due to the reporter's dissatisfaction with the handling plan, he requested the suspect to terminate the commission and refund the commission fee, which caused this criminal case. Lawyer Lin analyzed and simulated the evidence chain that may be collected by the investigation agency from the perspective of the judicial authority, which may lead to re arrest or even direct transfer for review and prosecution. Focusing on the suspect's ability to fulfill the contract, behavior, intentional possession, and the reporter's lack of misconceptions in this case, he collected a large amount of evidence and drafted detailed legal opinions. The fifteen day review and arrest deadline for this case has arrived. Lawyer Lin has made every effort to achieve a satisfactory result for the innocent suspect. In addition to fully adopting the above legal opinions and not arresting the suspect for the second time, the procuratorial organs have also pointed out to the investigation authorities that the facts of this case are unclear and the evidence is insufficient to convict.

Interpretation of the law: The general time limit for examination and arrest is seven days, but the time limit for examination and arrest of non criminal detainees is relatively special. If a suspect who has been detained according to Article 282 of the rules of the Supreme People's Procuratorate has been submitted by the public security organ for approval of arrest, the People's Procuratorate shall decide whether to approve the arrest within seven days after receiving the letter of request for approval of arrest; Those who have not been detained shall make a decision on whether to approve the arrest within 15 days after receiving the application for approval of the arrest. For major and complex cases, the decision shall not exceed 20 days