Criminal procedural law makes clear a regulation, when people procuratorate examines approval to arrest, can enquire the lawsuit such as the witness participates in a person, listen to the opinion of counsel for the defence. Counsel for the defence raises a requirement, ought to listen to the opinion of counsel for the defence.
Counsel for the defence intervenes batch catch link, put forward professional legal opinion, can the maintenance of utmost party closes right increase. Write do not grant to approve caught lawyer opinion, need us to accuse with punishment the regulation of the law is a foundation, it is with the professional skill of counsel for the defence prop up, both is united in wedlock effectively, just can have written.
Punishment accuses the law sets 79 times about what arrest, criminal attorney must give adroitness masters. "To having evidence the proof has guilty fact, person of the guilty suspect that sentences imprisonment above penalty possibly, the accused, adopt await trial of be bailed out to still can't prevent to produce sex of following society danger, ought to give arrest " this is punishment appeals to the doctrine principle regulation about arresting a condition.
3 when arrest namely essential conditions:
1, evidence proves to have guilty fact
2, the likelihood sentences imprisonment above penalty
3, have social danger sex
(1) the likelihood carries out new crime;
(2) have harm state security, public safety or of the real danger of social order;
(3) the likelihood is destroyed, forge evidence, interference witness attest or of act in collusion to make each other's confessions identical;
(4) the likelihood is right the injured party, inform against person, accusant to carry out blow to make reprisals;
(5) the purpose commits suicide or escape.
We discover, of afore-mentioned article state too simple and principle, in carrying out a process cannot operate effectively almost, right afore-mentioned " social danger sex " analysis, argumentation, we should combine top people procuratorate, the Ministry of Public Security " about arresting condition of social danger sex the regulation of a certain number of problems " and spread out.
In this file, right " social danger sex " made more detailed provision. The author combines relevant provision below, one by one of dangerous to 5 kinds of afore-mentioned societies sex gives the analysis explains:
(one) guilty suspect " the likelihood carries out new crime " , ought to have one of following state:
(1) before case hair perhaps be in after case hair plan, organization is preliminary perhaps carry out new crime;
(2) threaten carries out new crime;
(3) commit the crime for many times, commit the crime continuously, flee hither and thither commits the crime;
(4) the Ceng Yin inside a year carries out congener illegal behavior intentionally to be punished by administration;
(5) be main source of income with guilty earning;
(6) have the bad habit such as drug taking, gamble;
(7) the case that other possibility carries out new crime.
(2) guilty suspect " have harm state security, public safety or the reality of social order is dangerous " , ought to have one of following state:
(1) before case hair perhaps be in after case hair active plan, organization is communal and security of state of preliminary perhaps executive harm, safe or of the great illegal criminality of social order;
(2) Ceng Yin is communal and harm state security, safe or social order is punished by criminal or administration punishs;
(3) action of organization, plan, commander rises to attend actively perhaps in endangering national security, black vicious power, terror, drugs to commit a crime;
(4) other have harm state security, public safety or the case of the real danger of social order.
(3) guilty suspect " the likelihood is destroyed, forge evidence, interference witness attest or act in collusion to make each other's confessions identical " , ought to have one of following state:
(1) perhaps once attempted to destroy, forge, hide, change testimony;
(2) perhaps once attempted intimidate, threaten, witness of lure by promise of gain, bribe, disturb witness attest;
(3) have accomplice crime the suspect perhaps is in with its the guilty suspect that is put in close and associated crime in fact is at large, significant evidence had be notted collect those who reach the designated position;
(4) other possibility is destroyed, forge evidence, interference witness attest or the case of act in collusion to make each other's confessions identical.
(4) guilty suspect " the likelihood is right the injured party, inform against person, accusant to carry out blow to make reprisals " , ought to have one of following state:
(1) threaten perhaps prepares, the plan is right the injured party, inform against person, accusant to carry out blow to make reprisals;
(2) once was opposite the injured party, inform against person, accusant to carry out blow, coerce, persecute those who wait for behavior;
(3) take other way of the mobbish the injured party, normal life that informs against person, accusant, job;
(4) other possibility is right the injured party, case that informs against person, accusant to carry out blow to make reprisals.
(5) guilty suspect " the purpose commits suicide or escape " , ought to have one of following state:
(1) begin to prepare to commit suicide, perhaps escape from incomplete;
(2) once committed suicide, perhaps escape from incomplete;
(3) have the suicide, meaning that perhaps escapes from incomplete denotive;
(4) once defied with violent, minatory method those who capture;
(5) the case that other purpose commits suicide or escapes.
Do not have one of afore-mentioned state, do not have " social danger sex " factual foundation. Have one of afore-mentioned state, still need relevant evidence, material to give proof. Afore-mentioned acknowledge are we had been written " do not grant to approve catch an opinion " premise.
According to relevant provision, public security mechanism submits to to arrest guilty suspect, ought to move at the same time the evidence that sends proof crime suspect to have social danger sex. Have social danger sex to proving the evidence of guilty fact can prove guilty suspect, ought to be in submit to to approve arrest door of book technical secondary school to give specification. This need counsel for the defence is in batch catch link and check square sufficient communication, understanding reports batch when catching, party has the reason basis of social danger sex, spread out effective treatise to give then response.
To investigating mechanism for, if prove what guilty suspect has social danger sex the evidence of guilty fact is indemonstrable, ought to collect, the testimony that secures guilty suspect to have requirement of social danger sex, follow when submitting to to arrest roll move send. So, counsel for the defence should be not had to guilty suspect mainly " social danger sex " proof material gives sufficient attention.
Punishment accuses the law makes clear a regulation, the responsibility of paraclete is a basis fact and law, offer person of guilty suspect, the accused innocent, blame is light perhaps reduce, the material that avoids its criminal responsibility and opinion, safeguard the litigant right of person of guilty suspect, the accused and other and legitimate rights and interests. This is in with respect to need counsel for the defence batch catch link, not only should timely put forward not to grant to approve caught opinion, and should combine law to set serious analysis, demonstration, offer relevant data to give when necessary evidence. Only detailed, the analysis that has specific aim, argumentation, we write do not grant to approve caught meaning square to just can be adopted by check, safeguard party effectively to close right increase then.
Cao Dequan's lawyer
Cao Dequan, become Chinese division greatly senior partner, beijing is become greatly (Shijiazhuang) vice director of department of attorney office criminal, become vice director of research center of crime of finance of punishment argue institute greatly, heibei saves bar association experience plead of black evil crime and acting committee secretary-general, tecent. News analyst of engage by special arrangement of big swallow net, obtain the first " become greatly cup " total final of group of imitate court criminal " optimal argue hand " title, the plead that is good at the domain such as functionary crime, economy crime, experience black crime and representative.
