Lawyer Yang Junjun's words: Illegal *** cases are administrative crime cases, and the connotation of "firearms" in administrative law is not the same as "firearms" in criminal law. In order to establish the crime of illegal *** case, it is necessary to start from the substantive illegality. At the same time, the subjective intentional "knowing" issue has always been a key point of investigation in the defense of innocence. The following case is one example of the exoneration of the responsible class. The available evidence is not sufficient to determine that Xiong X realized that he was selling gun barrels to others when he sold the gun barrels, so I believe that the evidence in this case is insufficient, and petition the people's procuratorate not to approve the arrest of Xiong, and the compulsory measures should be changed to release on bail pending further investigation in accordance with law.
Case Summary: Fan opened a ** studio in a community in Huizhou, Guangzhou, and Hou Xiong's father, Xiongda, had no intention of introducing Xiong, who was about to graduate from college and looking for a job, to work in Fan's place during the chat, but Xiongda never expected that Fan was a mercenary and illegal guy. Xiongda's behavior is tantamount to pushing his baby daughter Xiong on the fire. Fortunately, Fan never told Xiong that he was selling gun parts.
The work done by the defender:
The defender took over the case and actively carried out relevant defense work. She met with Xiong several times, informed Xiong of her procedural rights, and told her that she should explain things clearly and truthfully when faced with the interrogation of the police of the Jinhua City Public Security Bureau. After communicating with the public security organs, when she learned that the public security organs were unwilling to change the compulsory measures for her, based on what she had learned, when the public security organs submitted to the people's procuratorate for approval of arrest, she submitted a "legal opinion requesting that Xiong's arrest not be approved" to the people's procuratorate The procuratorate adopted the defender's opinion, and during the review, found that the evidence in this case was insufficient, and refused to approve the arrest in accordance with the law, and notified the public security organ to handle the formalities for release on guarantee pending further investigation, and then the public security organ withdrew the case for handling the case four months after the release on guarantee pending further investigation, due to insufficient evidence in this case. The suspect Xiong is not guilty, and as a lawyer, I also smiled happily.
Attached Legal Opinion:
The petition is not approved for the legal opinion of the arrest of the criminal suspect Xiong.
People's Procuratorate of District X, Jinhua City;
After accepting the entrustment of Xiong's father, XX Law Firm appointed me to serve as the defender of Xiong in the case of criminal suspect Xiong's suspected illegal crime, and now this defender has met Xiong in Jinhua City Detention Center many times, and fully listened to Xiong's statement of the case, and this defender hereby submits the following defense opinions for your court to consider when reviewing and approving arrest:
1. Criminal suspect Xiong X does not constitute a crime. According to Xiong's statement, since a certain day in 2016, after Xiong went to work at Fan's place, she never knew that the "stainless steel precision tube" that Fan sold online was a part of a firearm. Xiong has been engaged in the work of "express order" printing work in Fan's place - the express single software is called "speed software", which is relatively independent from the "chat software" for soliciting business. She did not use ** chat software to communicate with the buyer online, and she subjectively did not know the role of "stainless steel precision tubes" in the manufacture of firearms, and she did not have an intentional psychology, and her behavior did not meet the composition of a crime, and should not be recognized as a criminal act.
2. When the public security organs introduced the relevant facts of the case to the defender, they believed that Xiong was a customer service worker, and believed that her job was to chat with the person who purchased the "stainless steel precision tube" through the ** chat software. However, when this defender met with Xiong, Xiong clearly told me that she was not a customer service, and at the same time, she told me that there were about 4-5 people engaged in customer service work, and when she chatted with one of the customer service customers on QQ, the customer service of the 4-5 people told Xiong that "they are in Henan". The defender doubted whether it was the public security organs that made the wrong judgment that "Xiong is the customer service" during the investigation.
3. After meeting with Xiong twice, I both believed that Xiong was a little girl who was not deeply involved in the world, had a simple mind, and had a weak sense of law, and that it was very likely that she did not find that the "stainless steel precision tube" was a gun component in her daily work, and the defender implored the people's procurator to make a correct judgment when reviewing the arrest;Because the criminal suspect Xiong X requested to meet with the prosecutor in person, the defender also requested that the prosecutor go to the detention center to interrogate Xiong, so as to make a correct judgment on the case.
To sum up, the defender requested the people's procurator to make a decision not to approve Xiong's arrest.
Lawyer Yang Junjun.
X, X, X, X.