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Justice Begins with Procedures

Pubdate: 2020-07-13
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Our lawyers, HE Zhenyu and XIE Hai, undertook a criminal defense case. They tried to protect the legal rights and interests of the criminal suspect from the issue of jurisdiction and granted bail to the criminal suspect who had been detained for more than one year.

The criminal suspect, surnamed WANG XX, was indicted by the Grass-Roots Procuratorate of a city in S Province on charges of duty encroachment and infringement of trade secrets. After the case was accepted by the local court, it entered the trial procedure. Lawyer HE Zhenyu and Lawyer XIE Hai accepted the commission from the WANG XX's family, as WANG XX's defenders. They learned about the case through reading papers and meeting with WANG XX, and found that there were some problems in the jurisdiction of the case. The two lawyers actively communicated with the local procuratorate and court, clearly pointing out that according to the provisions of the Criminal Law and the Criminal Procedure Law, the local court have no jurisdiction over the case, and there are jurisdictional errors in the local public security case filing, investigation and prosecution of the local procuratorate.

Given that the local public procuratorial organs have handled the same cases, the court and procuratorate refused to accept the lawyers' opinions and insisted on hearing. Lawyer HE Zhenyu and Lawyer XIE Hai responded step by step to the higher court on this issue and tried to limit the court's hearing to jurisdictional issues. In the course of the hearing on jurisdiction, Lawyer HE Zhenyu and Lawyer XIE Hai, based on facts and laws, had a fierce and tit-for-tat debate with the public prosecutor and the lawyer acting for the victim unit. After the adjournment, the collegiate bench indicated that it would no longer insist on having jurisdiction over the case. It would report the case to the higher court and ask the higher court for guidance. Subsequently, the suspect WANG XX was bailed out by his family.

WANG XX and his family told lawyers that although the case has not been completed, they have realized the fairness and justice of the legal procedures.

Lawyers HE Zhenyu and XIE Hai are confident and optimistic about the future of this case.
 



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