Beaten and still arrested? A wise lawyer skillfully mediates to help the client return home for the New Year.
[5] [Lead Lawyers: Wang Tengfeng, Zhang Qingping]
[6] In early 2014, Wang Tengfeng, director of Guangdong Zhiming Law Firm, took on a bizarre case: Lv Mou and his younger brother (a minor) were beaten by over a dozen people, but were taken away by police and detained, while the attackers remained unharmed. Faced with the family's tearful pleas, Lawyer Wang Tengfeng decided to assign his assistant, Lawyer Zhang Qingping, to go to the crime scene to investigate with local police and meet with the detained Lv Mou.
It turned out that on the night of the incident, the Lü brothers got into a quarrel with two local men over trivial matters, which escalated into a physical altercation, resulting in injuries on both sides. Subsequently, under the persuasion of passersby, the two sides separated and were about to leave. At that moment, over a dozen locals from the other side arrived upon hearing the news and, without any explanation, severely beat the Lü brothers. Later, the local police directly took the Lü brothers away and criminally detained them on charges of intentional injury.
Why did the police only detain the Lü brothers while ignoring the dozen or so perpetrators who had beaten them? Attorney Wang Tengfeng believes that this case likely involves favoritism in law enforcement by the local authorities. It turns out that the Lü brothers, as migrant workers, have significant cultural differences with the local "natives," and conflicts often occur in daily life. Meanwhile, the local police, who are also "natives," share a common bond with the perpetrators, making the above handling of the situation understandable.
Drawing on nearly 30 years of practical experience in handling public disputes, Attorney Wang Tengfeng keenly sensed that the first breakthrough in this case lay with the local police. So, he personally wrote a representation opinion to the local police, citing unfair handling, using relevant legal provisions and judicial interpretations to fully explain the facts of the case, criticizing the police's selective enforcement, and demanding that the police follow laws and regulations, enforce the law fairly, and treat both sides of the perpetrators equally. After two rounds of negotiations, the local police finally succumbed to pressure and detained all the dozen or so perpetrators from the other side.
However, Attorney Wang Tengfeng believes that the police's detention of the Lü brothers still has issues: from the perspective of the case itself, the two sides first engaged in mutual fighting, and then the Lü brothers were beaten. Although both sides sustained injuries, they were not serious, and in no way meet the constitutive elements of the crime of "intentional injury." Although it is unlikely that the Lü brothers will ultimately be convicted, as the year draws to a close, allowing this matter to continue would not only fail to resolve the conflict between the two sides but also result in both parties spending the New Year in detention. Who could accept such an outcome? Therefore, to maximize the legitimate interests of the clients and to achieve a peaceful resolution of the entire case and social tranquility, Attorney Wang Tengfeng decided to proactively facilitate a reconciliation between the two sides while applying for the Lü brothers to be released on bail pending trial so they could go home for the New Year.
After repeated negotiations and communications between the lawyers of Zhiming Law Firm and multiple parties, they finally persuaded both sides of the perpetrators to forgive each other and also convinced the police to approve the Lü brothers' release on bail to go home. Thus, the Lü brothers' "intentional injury" case came to a peaceful end, not only allowing both sides to return home for the New Year but also resolving the conflict between them satisfactorily, and even strengthening social harmony—a win-win outcome for all.
Finally, Attorney Wang Tengfeng believes that migrant workers who travel thousands of miles to unfamiliar Guangdong often lack a sense of security, and coupled with cultural differences, they are prone to choosing extreme methods when resolving conflicts with locals, complicating the issue and even leading to illegal activities. As a lawyer, it is not only necessary to "treat the symptoms" and solve their immediate difficulties but also to see the core of the problem, to be brave and skillful in mediating and resolving conflicts between the two groups, thereby fundamentally solving the problem while maintaining social harmony and stability.
