Model essay on non-prosecution legal opinion:
Xx District People's Procuratorate of xx City:
Entrusted by the criminal suspect Li xx and his legal representative Li xx, Jiangsu Du Jiang Law Firm appointed this lawyer as Li xx's defender for alleged theft. The following legal opinions are hereby put forward for your attention.
1. The value of the items involved in the theft by the criminal suspect Li xx 18 16 yuan played a minor role in the crime of * * * and was an accessory. According to the second paragraph of Article 27 of the Criminal Law of People's Republic of China (PRC), an accessory shall be given a lighter or mitigated punishment or be exempted from punishment.
Second, the suspect Li xx is only 17 years old this year. He is a minor and lacks knowledge of crime. Because his family opposed puppy love, he ran away from home in a rage. Without the help of his family, he stole with others to meet the needs of surfing the Internet and living. He is not subjective and vicious. According to Article 17 of the Criminal Law of People's Republic of China (PRC), a person who has reached the age of 14 but under the age of 18 commits a crime shall be given a lighter or mitigated punishment.
Third, the suspect Li xx did not have any criminal record in the past. This crime is a first-time offense, and the subjective malignancy of the crime is small. After the incident, he can actively cooperate with the work of the case-handling organ, truthfully confess the facts of the crime, plead guilty with a good attitude and show repentance.
4. Li xx and his father, Li xx, are willing to return the stolen goods and make restitution, and now they have obtained the victim's understanding. According to Article 7 of the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft, if the amount of stolen public or private property is relatively large, and the perpetrator pleads guilty, repents, returns stolen goods or makes compensation, in any of the following circumstances, if the circumstances are minor, he may not be prosecuted or exempted from criminal punishment; When necessary, the relevant departments will give administrative punishment: 1, which has the statutory lenient punishment circumstances; 2, did not participate in the distribution of stolen goods or less stolen goods and not the principal; 3. Victim's understanding; 4. Other circumstances are minor and not serious.
5. The criminal suspect Li xx's crime is minor, and his behavior does not have personal danger and social harm. According to Article 173 of the Criminal Procedure Law of People's Republic of China (PRC), if the circumstances of the crime are minor and there is no need to sentence or exempt the punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute.
To sum up, the criminal suspect Li xx is a minor, with minor criminal circumstances and less subjective malignancy. It is suggested that he be exempted from criminal punishment.
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There is still some professional knowledge about the opinion of not prosecuting. You'd better find a professional lawyer to write it. Of course, everyone in Bian Xiao can do it according to this article. If you still don't understand anything, you can come to China Travel. This will certainly help you.