People's Procuratorate of Wanbailin District of Taiyuan City:
Shanxi Jinyi Law Firm was entrusted by Wang, the wife of the suspect Gao, and with his consent, entrusted the lawyer as a defender to conduct litigation activities in this case during the investigation stage of Gao's alleged rape case. Now, according to the provisions of the second paragraph of Article 86 of the Criminal Procedure Law, I would like to give you some reference opinions on the examination of the arrest in this case.
I. Basic case: As far as the defender knows, the suspect Gao and the victim sang and drank with many colleagues at a KTV in Wayao Village at 23 o'clock in the evening of September 16, 2065 or at 0 o'clock in the morning of September 17, 2065, and went to the hotel after coming out of the KTV.
2. Evidence: Due to the limited knowledge of the defender, it is impossible to give a more comprehensive opinion on this case, but the defender believes that there are still many evidences and facts that need to be retrieved or verified to restore the true case and determine whether the suspect committed the crime: (1) Whether the victim in this case resisted or called for help when committing the crime; (2) Whether the victim's clothes are torn or damaged; (3) Whether the surveillance video of KTV where the hotel and the two went together was extracted, and whether the time node and place reflected by the video were consistent with the victim's statement; (4) Whether the victim is forced to sue or report to the criminal suspect due to other factors; (5) Whether the suspect has enough time to commit a crime in the case of the victim's resistance within the time node of the victim's statement or the reaction in the surveillance video; (6) Whether the suspect was in a state of high drunkenness at the time of committing the crime; (7) If the degree of drunkenness is high and the victim is involuntary, then whether the suspect has enough power to "violence" the victim; (8) Are the statements of the criminal suspect and the victim at the crime scene consistent?
Doubts: According to the above cases, there are many doubts: it is unreasonable for the suspect and the victim to be alone in a room in the early morning. According to common sense, it is impossible for the victims to be in a room in the early hours of the morning if it is not the so-called voluntary; Secondly, whether the suspect and the victim have business affiliation needs further verification. If there is no affiliation and no sexual agreement, is it possible for the suspect to take the victim to the hotel by non-violent means in the early morning? If there is a subordinate relationship, how dare the victim live in the same room with a drunken man regardless of his own safety when the suspect is drunk? The above facts are quite different from common sense, that is, the criminal suspect Gao may indeed be falsely accused.
4. Counsel's suggestion: According to Article 79 of the Criminal Procedure Law, anyone who meets the conditions in the first paragraph of this article shall be arrested. In other words, if these conditions are not met, the case-handling organ may decide not to arrest at its discretion. Judging from the current situation, the criminal suspect Gao does have the possibility of being falsely accused. Therefore, in combination with the above opinions, the defender specially suggests to your hospital not to approve the arrest of the criminal suspect Gao.
The above opinions are for your reference.
Defender: lawyer Liu Pengfei of Shaanxi Jinyi Law Firm, September 26th, 20 13.