Recently, lawyers Huang Shuqi and Lin Tengyu from Gaopeng (Shenzhen) Law Firm acted as the defenders in the case of a suspect suspected of illegal detention. In the arrest approval stage of this case, after defense, the procuratorial organs deemed it unnecessary to arrest, and the suspect was granted bail pending trial after not being arrested; Recently, the case was under review and prosecution, and after defense, the prosecution decided not to prosecute the suspect.

In this case, the suspect and the victim first made cooperative investment, and the suspect invested more than ten million yuan in the project. Later, due to a company management dispute, the suspect became angry and took inappropriate measures to control the victim within the company. The victim escaped from the company while the suspect was unprepared and accidentally fell during the escape process, resulting in a secondary minor injury. The suspect was summoned to the case by the public security organs and detained by criminal law. After arriving at the case, he pleaded guilty and punished.

In the arrest phase of this case, the victim firmly refused to forgive the suspect. Lawyers from the Shenzhen branch believe that although the suspect did not obtain the victim's understanding, they are willing to pay compensation deposit, which meets the conditions for non detention. The prosecution adopted the defense opinion and decided not to arrest the suspect, who was later released on bail by the public security organs for trial.

In the review and prosecution stage of this case, the victim issued a letter of understanding to the investigating authority. Regarding whether to prosecute the suspect, the prosecution believes that the suspect causing secondary minor injuries to the victim is considered a heavier case. Lawyers from the Shenzhen branch believe that the injury suffered by the victim is a result of being released from detention, and is not necessarily related to the behavior carried out by the suspect. Moreover, the suspect did not directly cause the injury, so it is not appropriate to impose a heavier punishment according to the first sentence of illegal detention. Considering the lighter circumstances such as the suspect's voluntary surrender, victim forgiveness, and confession of guilt and punishment, it is recommended that the procuratorate handle the suspect with a plea bargain. The procuratorial organs later adopted this opinion.

Interpretation of legal provisions

Does it seem that there is little difference between not suing and the final court's suspension of sentence?

According to Article 2 of the Regulations on the Handling of Criminal Record Inquiry by Public Security Organs The criminal record referred to in these regulations refers to the objective record of the criminal personnel by the specialized organs of our country. Except for the confirmation of guilt in the effective judgment document of the people's court, all other situations shall be considered innocent. If the relevant personnel are suspected of committing a crime, but the people's court has not yet made an effective judgment or ruling, or the people's procuratorate has made a decision not to prosecute, or the investigating unit withdraws the case, withdraws the prosecution, or terminates the investigation, it belongs to no criminal record Record personnel Therefore, the difference lies in that the relevant personnel who do not prosecute can still issue a certificate of no criminal record, while even the defendant who has been suspended belongs to a person with a criminal record.

Article 7 of the Guiding Opinions of Shenzhen Municipality on the Application of Standardized Pretrial Detention Measures (for Trial Implementation) "For suspect who may be sentenced to fixed-term imprisonment of not more than three years according to law, and who also have the following circumstances, the People's Procuratorate shall generally disapprove the arrest on the basis that there is no social danger:...... (3)...... Or suspect have paid compensation deposits."