——The rights and interests of victims should be protected, and the legitimate rights and interests of suspects should be protected even more

The events that occurred in 2004 have been ongoing for nearly 20 years, with some cases involving theft leading to extortion and further escalating into group fights, which are complex and intricate. The case was successfully defended by lawyers Zhang Yu and Deng Xianxiong of Guangdong Zhiming Law Firm who worked hard and carefully to determine the idea of handling the case, worked closely with the suspect's family members, and obtained a guarantor pending trial in the investigation stage.

[Cases within cases]

1. Theft first

In 2004, Li, who was in his twenties and had just lost his job, borrowed money from a friend to open a hair salon at the suggestion of his former colleague Liu. From renting the storefront to decorating, it took more than three months before and after, and less than a month after the official opening, Li rented three dormitories for hairdressers and hair washing girls on the second floor of the storefront. One day, the dormitory door lock was pried open, suspected to be a theft incident, and Li reported it to the police.

2. Extortion

A few days later, the theft case was fruitless. Zhang, a hair washing girl, gathered Wu and many others to the hair salon to find Li, claiming to have lost valuable items such as gold necklaces, jewelry, and cash. They demanded that Li take responsibility and demanded high compensation, which exceeded Li's ability to bear. So, Li chose to call the police. After the police arrived, they warned both parties not to cause trouble and left without driving the other party away.

　3. 群殴

After the police left, Wu and others continued to force Li, engaging in behaviors such as pushing and slapping, and asked Li to call his friends to deliver money, and surrounded and controlled Li. Li called Liu and told him about the situation, requesting Liu's help in coordinating and handling it. Liu then called Liang, a member of society. After a while, five or six people came forward with sticks, and the two sides did not waste any words, but directly engaged in a group fight. Li saw that things were not going well and left the scene to avoid trouble. The next day, when he came to the barber shop, not only was his own shop smashed to pieces, but the neighboring small restaurant also suffered a disaster without reason. The store couldn't be opened, so Li went elsewhere to find another way of life.

　　4. 后续

Later, Li learned that in the brawl incident, Chen, who was gathered by the hair washing girl, was injured and assessed as seriously injured (loss of finger function, level 9). Liang was punished for committing a crime with the nature of a triad, and Chen did not receive much compensation from it. Chen has been accusing and demanding that other individuals involved in the incident be held criminally responsible. Until 2019, Liu and Chen reconciled and compensated Chen with 100000 yuan. In 2020, the police approached Li for questioning and suggested that Li, like Liu, compensate Chen to resolve the matter. Li felt innocent and didn't know Chen, so he didn't pay attention to this matter. Before the incident, the police station had contacted Li several times and also requested that Li handle the aftermath work, but to no avail. The public security authorities recently detained Li.

[Case Handling Process]

After accepting the commission, the lawyer suggested not to compromise with Chen for the time being, as Chen demanded exorbitant compensation and the lawyer believed that Li was also a victim and his behavior did not constitute a crime. After three meetings with the lawyer, the opinion of Li's innocence was further confirmed, and it was suggested that the parties and their relatives should have firm confidence and not easily reconcile with Chen.

During the detention period, the police station organized the first mediation, but due to Chen's absence, the abortion occurred. At that time, the lawyer analyzed that it may be difficult to reach a settlement with Chen during the detention period, and suggested that efforts be made to apply for non arrest approval during the review and approval stage. Although the lawyer had drafted the "Application for Change of Compulsory Measures" and planned to submit it to the police station, during communication with the police station, it was learned that the public security organs hoped to reconcile and temporarily did not submit it. At that time, the lawyer was fully prepared to not approve the arrest.

On the day of the completion of the detention period, perhaps Chen had changed his mind, or perhaps the police station had done some work and made a second settlement, which was initiated by Chen. Both parties reached an agreement that Li's relatives would provide appropriate compensation of 100000 yuan, and Chen would issue a letter of forgiveness. Li was released on bail that evening.

[Lawyer's Opinion]

According to the information obtained from the lawyer in this case, Li's status is that of a victim, and he has suffered huge losses. He was also extorted and extorted. In the absence of any response to the police, it is not inappropriate to seek help from friends. In the absence of evidence to support the claim that 'Li paid someone to fight', Li's behavior does not constitute a crime as he did not have criminal intent and did not participate in the brawl.

From a consequentialist perspective, although Li was initially present at the scene of the fight, did he have an obligation to stop the conflict between the two parties? Li doesn't know anyone from either side, and the conflict came suddenly. Li was completely unprepared, unable to stop it, and had no ability to stop it. Requesting Li to stop the conflict clearly exceeded Li's scope of responsibility. The only thing Li could have done at that time was to immediately call the police instead of leaving the scene to escape.

After many years, old things are brought up again, and the victims are justified. If they persist in filing charges and petitioning, will there be a chance? Well, my friend Liu spent money on disaster relief, and Li was also imprisoned when he refused to compensate. In the end, he still had to spend money on disaster relief.

Lawyers believe that the legitimate rights and interests of victims should be protected, and that the legitimate rights and interests of others should not be prioritized over the voice of the victim. Rights and interests have no size and should be equally protected. In the event of disputes, public security organs should be in a fair and impartial position, without favoring any party. Eliminating social conflicts is not just about compensation.