Beaten and still arrested? A wise lawyer skillfully mediates to help the client return home for the New Year.
Attorney Zhiming received a bizarre case: the client, a man surnamed Lü, and his younger brother (a minor) were beaten by more than ten people, yet they were taken away by the police and detained, while the attackers were left untouched. Faced with the tearful pleas of the client's family, Attorney Zhiming decided to assign Attorney Zhang Qingping to travel to the scene of the incident to investigate the situation with the local police and meet with the detained Lü.
It turned out that on the night of the incident, the Lü brothers got into an argument with two local men over trivial matters, which escalated into a physical altercation, leaving both sides with minor injuries. Later, with the persuasion of passersby, the two parties had 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. Subsequently, the local police directly took the Lü brothers away and placed them under criminal detention on charges of intentional injury.
Why did the police only detain the Lü brothers while ignoring the dozen or so perpetrators who assaulted them? Attorney Zhiming believes that this case likely involves favoritism in law enforcement by local authorities. It turns out that the Lü brothers belong to the migrant worker community, and there are significant cultural differences between them and the local "natives," with friction occurring from time to time in daily life. At the same time, the local police, who are also "natives," naturally share a common bond with the "native" perpetrators, so the aforementioned handling of the situation is hardly surprising.
With nearly 30 years of practical experience in handling public disputes, Zhiming lawyers keenly sensed that the first breakthrough in this case lay with the local police! So the Zhiming lawyer personally wrote a representation opinion to the local police, citing unfair handling as the grounds, applying relevant legal provisions and judicial interpretations, fully explaining the facts of the case, criticizing the local police's selective enforcement, and demanding that the local police act in accordance with laws and regulations, enforce the law impartially, and treat both parties' perpetrators equally. After two rounds of negotiations, the local police finally succumbed to the pressure and detained all of the other side's dozen or so perpetrators.
However, Attorney Zhiming believed that the detention of the Lü brothers by the police still had issues: Looking at the case itself, the two parties first engaged in a mutual brawl, and then the Lü brothers were beaten. Although both sides sustained some injuries, they were not serious, and in no way did this meet the elements of the crime of "intentional injury." While it was unlikely that the Lü brothers would ultimately be convicted, with the year drawing to a close, if this matter were allowed to continue, not only would the conflict between the two parties remain unresolved, but both sides' offenders would have to spend the New Year in detention. Who could accept such an outcome? Therefore, to maximize the clients' legitimate interests, and also to ensure the peaceful resolution of the entire case and the tranquility of society, Attorney Zhiming decided to proactively facilitate a settlement between both parties, while simultaneously 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 perpetrators to forgive each other, and also convinced the police to approve the release of the Lü brothers on bail pending trial. With this, the "intentional injury" case involving the Lü brothers came to a peaceful conclusion, not only allowing both parties to return home for the New Year, but also resolving their conflict satisfactorily and further consolidating social harmony—a truly win-win outcome for all.
Finally, Attorney Zhi Ming believes that migrant workers who travel a long distance to Guangdong, a place they are unfamiliar with, often lack a sense of security. Coupled with cultural differences, this makes them more likely to resort to extreme measures when resolving conflicts with local residents, complicating issues and even leading to illegal activities. As a lawyer, it is not only necessary to address their immediate difficulties in a superficial manner, but also to see the core of the problem, and to be courageous and skillful in mediating and resolving conflicts between the two groups. This approach not only solves the problem fundamentally but also maintains social harmony and stability.
