Lawyer Chen Deguang insisted on not guilty

He was detained for more than two years and finally received state compensation

In judicial practice, few defendants in criminal cases are acquitted after being arrested, especially the longer they are detained, the less likely they are to be acquitted, and even fewer of them are acquitted after being detained for more than two years and receive state compensation. Our lawyer Chen Deguang handled a criminal case involving a criminal gang. Through his unremitting efforts, the defendant was detained for more than two years, after two court sessions, the procuratorate voluntarily withdrew the prosecution, and the defendant was finally acquitted and received state compensation.

Basic case

In November 2018, when Beijing police handled a case involving a criminal gang in Jiaozuo, a Jiaozuo native surnamed Guan was arrested and detained in Beijing Detention Center on suspicion of extortion. The indictment alleges that there are nine defendants in the gang-related criminal gang, and between 2010 and 2018, defendant Feng has gathered more than 10 people, including defendant Guan. In Fengtai District, Haidian District and other places in Beijing through the organization of gambling games to the victims, Wang 1, Wang 2 and other five Henan citizens of the same township or engaged in waterproof project private enterprise operators to lend gambling debts and issue usury. By means of "willfully identifying default" and "falsely increasing debt", the "routine loan" crime was premeditated and planned to form a fixed evil force criminal group. In order to accumulate wealth, in the name of demanding gambling debts and usury, after the victims have returned part or all of the principal, the criminal group still repeatedly pressures the victims by means of violence, coercion, illegal detention, and disturbance to the victims' business premises, forcibly claims debts, illegally occupies the victims' legitimate property, disrupts social and economic order, and causes adverse social impact. The case involved robbery, extortion, picking quarrels and provoking trouble, opening a casino and other charges.

The public prosecution accused Guan Mou of being a member of the gang-related criminal gang. On February 8, 2013, Guan Mou and Feng Mou and other six defendants blackmailed the victims Wang Mou 1 and Wang Mou 2 in Beijing. At the time of the incident in Feng's company, Guan participated in the beating of Wang, forced Wang to write down 5.1 million ious, and participated in forcing Wang to sign the guarantor on the ious, the evidence is the statements and identification records of the above two victims.

Course of defense

The public prosecution organ made a lot of effort to handle this case, the public security investigation, the procuratorate stage exhausted the time limit, and twice sent back to supplement the investigation also exhausted the time limit, by the time the public prosecution organ prosecuted Guan Mou has been detained for nearly two years, after the prosecution to the court, the public prosecution organ added a lot of evidence, The phone records, wechat and QQ chat records, etc. of the nine defendants for more than 10 years by train, plane, hotel, driving to Beijing and back, as well as the phone records, wechat chat records and QQ chat records between the defendants and the victims.

With the objective evidence provided by the public prosecution organs, lawyer Chen Deguang put forward defense opinions through a large number of visits, investigations, etc. First, the call records, wechat and QQ chat records provided by the public prosecution organs confirmed that before 2015, Guan did not know most of the defendants, and as of 2020, Guan did not know some of the defendants, let alone the victims. Guan was not a member of the gang at all; The earliest recorded time that Guan had been to Beijing was August 2014, and Guan could not have participated in the joint crime on February 8, 2013, as charged by the public prosecution. Second, the logic of the public prosecution organs charging other defendants is to first have "fictitious debt" economic exchanges with the victim, using this as an excuse to blackmail the victim, and according to the objective evidence given by the public prosecution organs can confirm that Guan did not have any economic exchanges with the victim, the excuse of suspected extortion does not exist, and Guan does not have the motive and intent of extortion. Third, according to the objective evidence given by the public prosecution organ, the Guan described by the two victims is Feng's younger brother, and when Guan was gambling, he watched the scene in the casino, and Feng gave Guan 1,000 yuan every day; Because the other defendants invented debts, sued Wang 1 in Jiaozuo, Wang 1 in Jiaozuo many times when Guan 3 times to beat Wang 1; When in Beijing, Guan went to Wang's company several times to beat Wang. On February 8, 2013, Guan and Feng and other six defendants in Beijing Feng's company, Guan participated in the beating of Wang 1, forced Wang 1 to write 5.1 million ious, and participated in forcing Wang 2 to sign the guarantor on the ious. After the strong defense of lawyer Chen Deguang, it was proved that Guan was not a member of the gang-related criminal gang, and the falsity of the statements of the two victims was proved, and finally proved that Guan did not participate in the extortion of the two victims on February 8, 2013.

The public prosecution organ and the court believed that Chen's defense was in place, and the public prosecution organ withdrew the prosecution of Guan from the court, issuing a non-prosecution decision that the criminal facts were unclear, the evidence was insufficient, and the conditions for prosecution were not met. Subsequently, Guan applied for state compensation and obtained more than 300,000 yuan of state compensation, which brought the case to a successful end.

Case significance

Due to the large number of people involved in this case and the complexity of the case, the public prosecution organs attach great importance to it, and a total of 12 prosecutors are deployed to handle this case, forming more than 200 case files, hundreds of thousands of pages of written materials, and more than 300 grams of detailed objective evidence of electronic evidence. In the court stage two sessions, the second session opened for three consecutive days, the last day more than 9 o 'clock to end the trial, the public prosecution organs exhausted energy for the case, the court finally decided that the case involved in the black criminal gang was established, several main offenders were sentenced to more than 10 years of imprisonment, Guan Mou was innocent, and was awarded more than 300,000 yuan in state compensation.

The judicial damage brought about by this case caused the parties and their families to bear a huge time and mental cost. Through the unremitting efforts of lawyer Chen Deguang, the parties finally obtained free and fair treatment. This is not only the implementation of the basic principle of "innocent until proven guilty" in the process of criminal law practice, but also the maintenance of judicial fairness and justice and the protection of the legitimate rights and interests of the parties. It is also an important manifestation of judicial progress in our country. At the same time, it is of great significance to the construction of democracy and legal system promoted by the state, especially to the construction of the rule of law in China.

Lawyer's introduction

Mr. Chen Deguang is a practicing lawyer at Jinyan Law Firm. With good legal theoretical foundation and long-term judicial practice experience, he has a steady, efficient, meticulous and rigorous case-handling style, and has accumulated rich case-handling experience and case-handling skills that have been praised by clients. Motto "Pursue the maximization of the legitimate rights and interests of the parties."

Specializes in criminal cases, commercial economic cases, non-litigation legal services, real estate, corporate affairs.

Contact information:

Phone: 13803919916

Email: Cdg668@163.com