How to write the lawyer's opinion that the crime of obstructing official duties is not approved?

1. How to write the lawyer's opinion that the arrest will not be approved for the crime of obstructing official duties? Wu Mou was criminally detained by Jiangnan Branch of a municipal public security bureau on March 8, 20 17, and is still detained in the No.1 detention center of a city. At this stage, as the attorney of the suspect Wu Mou, as far as we know, our lawyers believe that Wu Mou is innocent and not suspected of committing a crime. Wu Mou's behavior only interfered with the traffic police's work to a certain extent in the unconscious state after drunkenness, and there was no intentional interference with official duties subjectively and objectively. Wu Mou's drunken behavior should not be regarded as a crime. At present, Wu Mou is being held in the first detention center of a city, and his behavior has exceeded the punishment. If he continues to detain, it will seriously infringe on the legitimate rights and interests of citizens. Therefore, our lawyer suggests that your hospital should not approve the arrest and release it as soon as possible. The specific legal opinions are as follows: 1. The basic facts of this case are as follows: (1) On the night of the crime, Wu Mou was drunk. On the night of the murder, Wu Mou and three other friends ate at a food stall near Zhongxing Bridge on Wuyi Road. He drank two bottles of highly alcoholic wine with his two friends (one of whom was Yang). Wu Mou recalled that he probably drank eight or two drinks that night. According to his usual drinking capacity, he was completely unconscious after drinking. Shortly after dinner, Wu Mou realized that he couldn't drive after drinking, so he asked Chen Mou, a friend who had eaten and didn't drink, to help Wu Mou drive home in advance. (2) The available video shows that Wu Mou did not intentionally beat the police. That night, Yang drunk driving a vehicle and hit a telephone pole in the south of Zhongxing Bridge in a city. After the accident, the police of the fifth brigade of a city traffic police and the police officers went out to deal with the accident. In the meantime, I went to the scene of the accident after receiving a phone call from Yang. The video shows that Yang is unwilling to cooperate with the alcohol test after being drunk. The policeman who handled the accident wanted to take Yang away. In the process, Yang repeatedly asked the police to show their law enforcement certificates, so there was a dispute between the two sides. After that, the police still insisted on taking Yang away, and the dispute between Yang and the police became more and more fierce. After being drunk, Yang was held hostage, and then Yang had a physical conflict with the police. The video shows that Yang He did not intentionally beat the police at that time, but collided due to physical conflict during the dispute. After that, Yang was pushed to the ground by the police and called the police to take Yang to the Wuyi police station. 2. Based on the above, the defender believes that Wu Mou has not committed a crime and should not be detained at all, let alone arrested. (1) Wu Mou has done nothing to obstruct official duties. Based on the above basic situation, I saw that my friend Yang was about to be taken away by the police in a drunken state, and a collision occurred in the process of negotiating with the police not to take Yang away. Yang He was drunk that night, and did have some conflicts with the police in language and attitude. Later, Yang He wrestled with the police, but the answer should beno. In the absence of further evidence to prove that Wu Mou was responsible for the police officer's chin scratch, it is inappropriate to think that Wu Mou violated the criminal law and was suspected of obstructing official duties. (2) Wu Mou has no subjective motivation to interfere in official business. Wu Mou was drunk and didn't know what happened that night. He doesn't know why he was detained. There are no police officers in Wu Mou who subjectively intervene in handling accidents. (3) Police officers and auxiliary police officers are at fault in the course of performing official duties. The video of that night showed that Yang had been asking the traffic police who were performing official duties to show the corresponding law enforcement certificates, but the attendance traffic police ignored them. According to the provisions of Article 34 of the Administrative Punishment Law, if a law enforcement officer makes a decision on administrative punishment on the spot, he shall show his law enforcement identity certificate to the party concerned and fill in the written decision on administrative punishment in a predetermined format and number. The written decision on administrative punishment shall be delivered to the party concerned on the spot ",and Article 80 of the Road Traffic Safety Law states that" when performing official duties, the traffic police shall dress in accordance with the regulations, wear the people's police logo, hold the people's police card, keep the police appearance clean, behave in a dignified manner, and command the standard. "And Article 34 of the Code for Law Enforcement of Traffic Police on Road Duty of the Ministry of Public Security stipulates that traffic police should strictly follow the procedures stipulated by laws, regulations and rules when investigating traffic violations." The police officers and police assistants who go out to the police do not perform official duties according to law, and they do not handle the accident with a gentle attitude when they know that the parties are drunk, but try to forcibly take people away, causing conflicts. To sum up, in this case, Wu Mou did not deliberately use violence against the police to prevent them from performing their official duties, but scuffled in the event of a dispute between the two sides. There is no evidence that the injury to the police is caused, and the behavior is objectively not enough to stop the police from taking Yang away. Defenders believe that the premise of this crime in judicial practice is that the behavior has serious social harm. According to the principle of modesty of criminal law, cases with obviously minor criminal circumstances and little harm should not be treated as crimes. I implore your hospital to carefully consider this case, and make a decision not to arrest and acquit Wu Mou according to the facts of this case and in good faith. The above opinions are for your reference. Lawyer of a law firm in Guangxi: Huang Moumou 2. What should I pay attention to when writing legal opinions? Before writing an article, you should do a good job of investigation, that is, make full preparations for the questions raised, including looking for relevant legal basis, consulting relevant documents, regulations and approvals, and conducting on-the-spot investigations and inquiries in the actual departments. The answer should be accurate and have sufficient legal basis. Before issuing a legal opinion, we must do a good job in advance, find out the relevant applicable legal basis, sort out, analyze and compare the questions, and sum up the correct answers so as to be reasonable, legal and feasible. Reasonably arrange the logical structure of the expression content. Generally speaking, important and key issues should be written in the front, and minor issues can be written in the back. The main points are outstanding, which makes people grasp the key points and leave a deep impression. In addition, we should also pay attention to the close relationship between sub-arguments and sub-arguments and general arguments, so that the levels of proof can form an interlocking chain structure, thus focusing and effectively highlighting the problems to be explained. To sum up, if a party is placed on file for investigation by the public security organ for the crime of obstructing official duties, he can be criminally detained. At this time, family members usually entrust lawyers to represent cases and strive for legitimate rights and interests. After fully understanding the case, the lawyer can submit a legal opinion not to approve the arrest to the procuratorate, focusing on the fact that the parties involved in the violation of the law are minor, have a good attitude of pleading guilty, and have no intention to interfere with official duties subjectively, giving the parties the opportunity not to approve the arrest.