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

The events of 2004, nearly 20 years ago, involved cases within cases, starting with theft leading to extortion and further escalating into a brawl, complex and intertwined. Through the meticulous and thorough work of lawyers Zhang Yu and Deng Xianxiong from Guangdong Zhiming Law Firm, a case strategy was determined, close cooperation with the suspect's family was maintained, and bail pending investigation was achieved during the investigation stage, marking a successful defense.

[Cases within cases]

1. Theft first

In 2004, Li, a man in his twenties who had just lost his job, followed the suggestion of his former colleague Liu and borrowed money from a friend to open a barbershop. From renting the storefront to decorating, it took over three months, and the shop had been officially open for less than a month. Li also rented three rooms on the second floor of the shop as dormitories for barbers and shampoo girls. One day, the dormitory door lock was pried open, and a suspected theft occurred, prompting Li to call the police.

2. Extortion

A few days later, with no results from the theft case, shampoo girl Zhang gathered Wu and several others to come to the barbershop to confront Li, claiming that valuable items such as gold necklaces, jewelry, and cash had been lost, demanding that Li take responsibility and pay a high compensation, which exceeded Li's ability. Thus, Li chose to call the police. After the police arrived, they warned both sides not to cause trouble and left without removing the other party.

　　3. 群殴

After the police left, Wu and others continued to pressure Li, engaging in shoving, slapping, and other actions. They demanded Li call a friend to bring money, and surrounded and controlled him. Li called Liu, explained the situation, and asked Liu to help mediate. Liu then called a gangster named Liang. Shortly after, five or six people arrived carrying clubs, and without any exchange of words, a brawl broke out. Seeing the situation turn bad, Li left the scene to avoid trouble. The next day, he returned to the barbershop only to find it completely wrecked, and the small restaurant next door also suffered collateral damage. Unable to run the shop, Li went elsewhere to find a new livelihood.

　　4. 后续

Later, Li learned that in the brawl, a person named Chen, gathered by the shampoo girl, was injured and identified as seriously wounded (loss of finger function, level nine). Liang was sentenced for organized crime under the mafia-style nature, and Chen received little compensation. Chen kept filing complaints, demanding criminal liability for others involved. It wasn't until 2019 that Liu and Chen reached a settlement, with Liu paying Chen 100,000 yuan as humanitarian compensation. In 2020, police approached Li for questioning and suggested he follow Liu's example by compensating Chen to resolve the matter. Feeling innocent and not knowing Chen, Li ignored it. Before the case was filed, the police station contacted Li multiple times, similarly asking him to handle the aftermath, but to no avail. The authorities then detained Li.

[Case Handling Process]

After accepting the case, the lawyer advised against compromising with Chen for the time being, as Chen demanded exorbitant compensation. The lawyer believed Li was also a victim and his actions did not constitute a crime. After three meetings with the lawyer, the opinion that Li was innocent was further confirmed. The lawyer advised Li and his family to stay firm and not easily settle with Chen.

During the criminal detention period, the police station organized the first mediation, which fell through because Chen did not attend. At that time, the lawyer analyzed that it might be difficult to reach a settlement with Chen during the detention period and suggested applying for non-arrest during the review and arrest stage. Although the lawyer had drafted a "Application for Change of Compulsory Measures" and planned to submit it to the police station, upon communicating with the police station, it was learned that the public security authorities hoped for a settlement and temporarily refrained from submitting it. At that time, the lawyer was fully prepared to work on the non-arrest process.

On the day the criminal detention period ended, perhaps Chen had a change of heart, or perhaps the police station had done some work. The police station conducted a second mediation, which was actively requested by Chen. Both parties reached an agreement: Li's relatives provided appropriate compensation of 100,000 yuan, and Chen issued a letter of understanding. That evening, Li was released on bail pending trial.

[Lawyer's Opinion]

Based on the information the lawyer has learned in this case, Li's status was that of a victim. He also suffered huge losses and was extorted. When reporting to the police yielded no results, seeking help from friends was not inappropriate. Without evidence supporting the claim that "Li paid others to fight," Li lacked criminal intent and did not participate in the group brawl, so his actions do not constitute a crime.

From a consequential 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 did not know any of the individuals involved. The conflict erupted suddenly, and Li had no psychological preparation, was unable to stop it, and lacked the capacity to do so. Requiring Li to stop the conflict clearly exceeded his scope of responsibility. The only thing Li could have done at that time was to immediately call the police, rather than leave the scene to escape.

Years later, the old matter is brought up again. Does the victim, who is persistent in pursuing accusations and petitions, have a chance? Indeed, Li's friend Liu spent money to resolve the issue, and Li, who was unwilling to pay compensation, also ended up in prison, ultimately having to spend money to settle the matter.

The lawyer believes that the legitimate rights and interests of the victim should be protected, and that the louder voice of the victim does not place the rights of others in a secondary position. Rights and interests have no hierarchy and should be equally protected. In the event of a dispute, public security authorities should maintain a fair and impartial stance, without favoring any party. Compensation is not the only way to resolve social conflicts.