Recruiting experts to demonstrate during the arrest approval stage [Prosecutor’s Office prosecution stage]

Under normal circumstances, the premise of expert argumentation should be to have sufficient facts and evidence. However, during the review and arrest approval stage, the defender has no right to review the case and has no access to relevant case materials. Expert argumentation may be more difficult. Even if an expert opinion is issued, it may not be persuasive.

However, in some cases, such as the crime of illegally absorbing public deposits, if important executives and other figures are arrested and the company cannot continue to operate, it will undoubtedly cause great damage to the interests of investors. At this time, if the criminal suspect can be released on bail pending trial, It is extremely beneficial to maintain the company's operations and protect the interests of creditors. FasterLawyer recommends that the lawyer handling the case consider entrusting relevant experts to conduct arguments on the case facts, evidence, legal application, etc., and form an expert opinion that does not require arrest, even if the procuratorate does not If the opinion is accepted, the coercive measures against the suspect may also be changed in the subsequent review of the necessity of detention.

In practice, defense lawyers can hire legal experts to conduct expert appraisals for suspects during the arrest approval stage of the procuratorate. It is recommended that relevant lawyers provide experts with the suspect’s personal confession and relevant documentary evidence, explaining the degree of harm to society, whether there is the possibility of intentionally committing new crimes, attempting suicide/escape/evading detection and review and prosecution, destroying forged evidence or colluding with confessions, Interfering with witness testimony, retaliating against relevant persons, etc.