What is the prime time of criminal defense?
After the parties are detained in criminal detention, "waiting" and "asking a lawyer to defend after the trial" are the thoughts and practices of some family members. As everyone knows, the practice of "waiting" will miss the prime time of defense. The direct consequence is not only the loss of the fastest and easiest opportunity to solve the problem, but also the difficulty and uncertainty of the follow-up defense.
one
The prime time of defense refers to the period from criminal detention to the arrest of a criminal suspect (the longest is 14 days in general cases, 37 days in cases with three legal circumstances, and 17 days in cases of corruption, bribery and dereliction of duty). In judicial practice, most cases are transferred and arrested within 37 days, so the prime time for defense in this article is 37 days.
The reason why the period from criminal detention to arrest (30 days when the public security organ requests arrest+7 days when the procuratorate examines arrest) is the prime time for defense, mainly from the perspective of "fishing for people", in other words, the prime time for defense is the fastest and easiest to achieve the effect of "releasing people".
After a criminal suspect is detained in criminal detention, if the public security organ considers it necessary to detain him for a long time (more than 37 days), he must be arrested with the approval of the procuratorate within 37 days. If the procuratorate does not approve the arrest, the public security organ must immediately release the suspect. Judging from the judicial practice and defense experience, it is the most effective defense strategy to fight for the procuratorate not to approve the arrest.
two
In judicial practice, there is a gap between the evidence collected when a considerable number of cases are submitted for arrest and the requirements for evidence at the time of arrest, which is the defense basis of "insufficient evidence suggests not to arrest" An excellent criminal lawyer can understand the case by meeting with the parties, understand the case from the public security organs and other channels, predict the weakness of the evidence held by the public security organs, and then put forward high-quality legal advice to the procuratorate that "the arrest is not approved due to insufficient evidence".
Without an effective defense, the weakness of evidence is likely to be ignored, which will lead to the approval of arrest. Once the parties are arrested, they will be detained for a long time, and the possibility of coming out becomes very small. What is even more frightening is that once some human factors are involved, the case with insufficient evidence may become "the evidence is true and sufficient" to a certain extent, which directly increases the difficulty and uncertainty of the later defense. This happened in a fraud case recently taken over by the author.
When the author accepted the entrustment, the case was already in the first instance stage. The author consulted all the files and evidence materials and found that the evidence collected by the public security organs when applying for approval of arrest did not meet the evidence requirements of arrest at all, but the parties did not get an effective defense at that time. After the arrest of the parties was approved, the accomplice was brought to justice. In order to obtain bail pending trial, the accomplice gave extremely unfavorable testimony to the client, which led to the case becoming "evidence is true and sufficient" to a certain extent, not only the client was detained for a long time (from criminal detention to first instance for more than one year), but also increased the difficulty and uncertainty for the subsequent defense.
three
In fact, before the criminal suspect is arrested, it is not only the prime time for innocent defense, but also the prime time for light defense. Experienced criminal lawyers will effectively guide the criminal suspect to face the prosecution correctly, urge the public security organs to collect evidence favorable to the criminal suspect, and effectively avoid the case from developing in an unfavorable direction.
As the parties and their families, they should seize the prime time of defense and seek effective defense in time from the day when the parties are first interrogated or detained by the investigation organ; As an entrusted lawyer, we should pay more attention to the defense of prime time. As for how to defend effectively in the prime time of defense, the author will share his experience in another article.