OK Xu Mingxing's next two critical weeks: criminal lawyers popularize the "golden 37 days"

Introduction:

There are still two weeks left. If there is no news about Xu Mingxing, the "golden 37 days" rule will come into effect.

At present, the investigation of Xu Mingxing is still in the fog, and several things have attracted attention. The first is that a large number of netizens have consulted the relevant departments in Shanxi, and even collectively swiped the screen under Weibo. According to convention, the relevant departments will respond to external concerns, so the response of the authoritative department may be released soon; the second is that on November 1, OK spokesperson Xu Kun posted on Weibo again, saying that the exact withdrawal time cannot be given at present, but please rest assured that all assets are safe. As for the so-called connection in Hainan, it is probably nonsense. Compared with the local real estate interests, blockchain is really just a brand achievement.

But in any case, the "golden 37 days" are getting closer and closer. According to Caixin, the investigation was conducted around October 10, so there are only about two weeks left. What are the golden 37 days? What does it mean if 37 days have passed? Huo Xiaolu, a former prosecutor and current criminal lawyer, explains it in detail.

Lawyer Huo pointed out: What does 37 days mean? A preliminary judgment on "guilty or not, detention or not". That is, after the case is investigated by the public security, it is handed over to the procuratorate for preliminary review to determine whether it is a crime, what the crime is, and whether to arrest or not. Why is there a "golden time"? Because once the arrest sets the tone, the room for subsequent changes will also be narrow.

Disclaimer: The author of this article, Huo Xiaolu, has exclusively authorized "Wu Shuo Blockchain" to reprint it. Please contact me for any commercial or non-commercial reprinting. Infringement will be pursued.

The full text is as follows:

The saying "golden 37 days" has been around for a long time. Defense lawyers like to say it, and clients and their families often mention it.

Half-knowledge spreads words, leading to a common misunderstanding: if someone is still in custody after 37 days, something big has happened; if he is released after 37 days, everything is fine.

What exactly does 37 days mean? Generally speaking, it is a combination of the maximum period of criminal detention by the public security organs of 30 days and the maximum period of arrest review by the procuratorate of 7 days. In practice, it may be shorter than 37 days.

What does 37 days mean? A preliminary judgment on "guilty or not, detention or not" . That is, after the police investigate the case, it is handed over to the procuratorate for preliminary review to determine whether it is a crime, what the crime is, and whether to arrest or not. It is similar to seeing a doctor in a hospital, the service desk pre-examination, then find a doctor to explain the condition, complete a simple examination, and wait for the doctor to make a preliminary judgment that it may be XX disease, whether to treat it, and how to treat it.

Why is there a saying of "golden time"? Because once the arrest sets the tone, the space for subsequent changes is narrow. In practice, if the procuratorate decides to arrest, the possibility of innocence is almost zero. The possibility of subsequent changes to bail, non-prosecution, and suspended sentence is naturally low. Especially in the current context of "integration of arrest and prosecution", that is, the same prosecutor decides whether to arrest and prosecute. The prosecutor's thinking is coherent, and the first decision is crucial.

Why is it said that it has been "ruined"? The main reason is that the exaggerated publicity of the "golden 37 days" is likely to have a counterproductive effect and cause resentment from the judicial authorities. In fact, in most ordinary criminal cases, after review, if no crime is constituted, the judicial authorities will naturally release the defendants. However, a small number of lawyers sit back and enjoy the fruits of their labor, excessively "stealing credit", attributing bail or case withdrawal entirely to effective defense, and even portraying the judicial authorities as the opposite of "evil".

Back to the topic, what can a lawyer do within 37 days?

The most core problem in the pre-arrest investigation stage, and even the entire investigation stage, is "serious information asymmetry."

This is reflected in three aspects: first, the judicial authorities disclosed very little information to the public ; second, the family members had almost no idea of ​​the specific case ; and third, the defense lawyers could not see any case files .

Therefore, a meeting is the most direct and efficient way to understand the basic facts of the case. Through simple questions and answers, you can get as comprehensive a picture of the facts of the case as possible, possible risks, and turning points that may affect the future direction of the case.

By the way, several family members have asked similar questions. Don’t hire lawyers who say they can look at the case files, as it will only cause trouble.

Objectively speaking, the statements of the parties involved are highly subjective and limited . They may have limited perspectives and not know the full picture; they may have vague memories and cannot recall the details; they may be self-concealing and tend to avoid the important issues...

Once when I met with a client, he started to tell the story. I asked three questions and basically concluded that he was not telling the truth. If you formulate a defense strategy based on what the client said, you will be very passive later. Do you think you can deceive the judicial authorities by not telling the truth? There is always a price to pay.

This is also the difference between experienced defense lawyers and ordinary lawyers. They can reasonably distinguish verbal evidence, and through self-analysis, they can dispel the fog and verify the truth.

The biggest advantage of defense lawyers over judicial authorities is time and energy .

Especially when faced with some new types of cases involving the Internet, finance, etc., judicial organs are limited by the large number of cases and the small number of staff, making it difficult to gain a thorough understanding of business models and business practices .

Defense lawyers have a natural advantage. They can spend more time and energy on in-depth investigations and mobilize more business resources in a short period of time in order to quickly restore the full picture of the case, provide more defense ideas, and even help judicial authorities understand the reasons behind it and have a deeper understanding of the entire behavior.

Let’s solve two problems first.

1. When communicating with judicial authorities, what is the difference between lawyers and family members?

The core is professionalism. Family members tend to give emotional narration or repeatedly emphasize unnecessary content. Lawyers can express their opinions on legal facts, evidence and other issues more effectively and intuitively.

2. What kind of communication is more likely to be accepted by judicial authorities?

Try to stick to the facts and be as objective and comprehensive as possible.

In my early years at the procuratorate, I received countless defense opinions, some of which even stated the basic facts incorrectly, not to mention the defense content based on them. Such opinions are often self-defeating and cause resentment in the judicial organs. There is also a type of opinion that only expounds on the favorable aspects, even exaggerates them, and does not mention the unfavorable aspects at all. Such opinions are difficult to dispel the concerns of judicial personnel, and the effect may not be good.

During the investigation phase, evidence is constantly updated, and the results are unknown until the last day. Only by continuous communication, effective communication, and constant follow-up can the maximum effect be guaranteed.

Some people say that people will be released when they should be, so what difference does it make whether they hire a lawyer or not?

1. Results are important, but achieving results quickly is even more important.

In the era of sophisticated defense, simply pursuing the results of innocence, lighter punishment, and bail is too low. Taking bail as an example, the target should be set from 37 days to 33 days, 30 days, or even shorter.

For the detained parties, what we hope for is that they can feel at ease and at peace as soon as possible. One more day feels like a year, and three or four days are already too long.

2. When facing controversial issues, provide multiple ideas.

There are certain gaps in the law, and many issues are controversial. The case handlers have a fixed set of thinking logic, and the defense lawyers can provide another set of ideas. The collision will generate more sparks and may affect the trend of the case.

Even if an arrest is made, changing the charge may make a difference in the final sentence and the way the person is dealt with, and it is not just a difference in words.

All of these require the intervention of professional defense lawyers to proactively advance the case process as much as possible, rather than passively waiting for the decision of the judicial authorities.