Lead:
Wu said on the blockchain: In two weeks, if there is no news from Xu Mingxing, then the “golden 37 days” rule will come into effect.
At present, Xu Mingxing’s investigation is still in the fog, and several things have attracted attention. The first is that a large number of netizens consulted relevant departments in Shanxi, and even swiped the screen collectively under Weibo. As a rule, relevant departments will respond to outside concerns, so the authoritative department’s response may be close to being released; the second is that OK spokesperson Xu Kun re-posted on Weibo on November 1st, saying that the exact time of withdrawal cannot be given yet, but Please be assured that all assets are safe. As for the so-called association in Hainan, there is a high probability that it is nonsense. Compared with the local real estate interests, the blockchain is really just a brand achievement.
But in any case, the distance to the “golden 37 days” is getting closer and closer. According to Caixin, it was investigated around October 10th, so there are only about two weeks left from 37 days. What exactly is 37 days of gold? What does it mean if 37 days have passed? Huo Xiaolu, a former member of the procuratorate and a criminal lawyer, explained it in detail.
Attorney Huo pointed out: What does 37 days mean? A preliminary judgment on “criminal and non-criminal, detention or not”. That is, the case is investigated by the public security and submitted to the procuratorate for preliminary review to determine whether it is a crime, what the crime is, and whether it is arrested or not. Why is there “gold”? Because once the arrest sets the tone, the subsequent changes will be narrow.
Disclaimer: Huo Xiaolu, the author of this article, exclusively authorized “Wu Shuo Blockchain” to reprint. Any commercial or non-commercial reprinting activities, please contact me, infringement must be pursued.
The full text is as follows:
The saying “37 days of gold” has a long history. Defense lawyers like to say that the parties and their families often talk about it.
It was a common misunderstanding that it was still closed for 37 days and something major happened; it was released for 37 days and it was completely fine.
What exactly does 37 days mean? Generally speaking, it is a combination of the maximum period of 30 days for criminal detention by public security organs and 7 days for the procuratorate to review arrests. In practice, it may be shorter than 37 days.
What does 37 days mean? A preliminary judgment on “criminal and non-criminal, detention or not” . That is, the case is investigated by the public security and submitted to the procuratorate for preliminary review to determine whether it is a crime, what the crime is, and whether it is arrested or not. It is similar to seeing a doctor in a hospital, pre-checking at the front desk, then looking for a doctor to state the condition, and completing a simple examination. After the doctor’s preliminary judgment, it may be XX disease, whether it should be treated or how to treat it.
Why is there “gold”? Because once the arrest sets the tone, the subsequent changes will be narrow. In practice, the procuratorate decided to arrest, indicating that the probability of innocence is almost zero. The possibility of subsequent changes to bail, non-prosecution, and probation is naturally low. Especially in the context of the “integration of arrest and prosecution”, the same prosecutor decides whether to arrest or prosecute. The prosecutor’s thinking is coherent, and the first decision is crucial.
Why do you say “bad game”? Mainly excessively exaggerated propaganda of “Golden 37 Days” can easily produce counterproductive effects and arouse resentment from the judicial authorities. In fact, most ordinary criminal cases do not constitute crimes after review, and the judicial organs will naturally release people. However, a small number of lawyers sit back and enjoy their success, excessively “grab the merits”, attribute the release of guarantee or withdrawal of the case to effective defense, and even erect the judicial organs as the “evil” opposite.
I once heard a lecture by a major criminal defense expert, and the opening three sentences summarized the three characteristics of the current prosecutors’ handling of cases:
1. Like to put innocence on guilt;
2. Like to rely on misdemeanours for serious crimes;
3. Like to rely on one crime for multiple crimes.
Back to the topic, what can lawyers do in 37 days?
1
Effective meeting to understand the basic case
During the pre-arrest investigation stage, or even the entire investigation stage, the core problem is “serious information asymmetry.”
Reflected at 3 points. First, the judiciary has revealed very little information to the outside world ; second, the family is hardly aware of the specific case ; third, the defense lawyer cannot see any file materials .
Therefore, the interview is the most direct and efficient way to understand the basic case. In a simple question and answer, try to fully understand the facts of the entire case, possible risks and turning points that affect the future of the case.
In addition, several family members have already asked similar questions. Those lawyers whose answers can be seen in the dossier should not be hired.
2
Reasonable screening and objective verification of facts
Objectively speaking, the parties’ statements are highly subjective and very restrictive . The angle may be limited and the whole picture may not be known; the memory may be vague, and the details may not be recalled clearly; it may be self-concealed, and it is easy to avoid the more important…
Once I saw the person involved, the other party first narrated, I asked three questions, and I can basically conclude that the other party did not tell the truth. If the defense strategy is formulated according to the parties’ statement, the follow-up will be very passive. Do you think you can fool the judiciary without telling it? There is always a price.
This is also the difference between experienced defense lawyers and ordinary lawyers. Reasonable screening of verbal evidence, through self-analysis, pulls out the clouds and fog to verify the truth.
3
Investigate yourself and restore the full picture of the case
Compared with judicial institutions, defense lawyers have the biggest advantage in time and energy .
Especially in the face of some new types of cases involving the Internet and finance, the judicial organs are constrained by a large number of cases and few people, and it is difficult to thoroughly understand business models and business habits .
Defense lawyers have natural advantages. They can spend more time and energy on in-depth investigations and mobilize more commercial resources in a short period of time, so as to quickly restore the full picture of the case, provide more defense ideas, and even help the judiciary understand the reasons behind, and more profoundly. To understand the entire behavior.
4
Strengthen communication and exchange legal opinions
Solve 2 problems first.
1. What is the difference between lawyers and family members when communicating with judicial authorities?
The core is professional. Family members prefer emotional narratives or repeatedly emphasize unnecessary content. Lawyers can more effectively and intuitively express opinions on legal facts, evidence and other issues.
2. What kind of communication is more acceptable to the judicial authorities?
Try to be as objective and comprehensive as possible.
In the early years at the Procuratorate, I received countless defense opinions, some of which were wrong about the basic facts, let alone the content of the defense based on this. Such opinions are often self-defeating and arouse the resentment of the judicial authorities. There is another kind, which only elaborates what is good for oneself, or even exaggerates the expression, without mentioning the unfavorable content. Such opinions are difficult to dispel the worries of judicial personnel, and the effect may not be good.
During the investigation stage, the evidence was constantly updated, and the result was not known until the last day. Continuous communication, effective communication, and continuous follow-up can ensure the maximum effect.
5
Take the initiative to advance the case
Some people say that people who should be released will always release people. What difference does it make if you don’t hire a lawyer?
1. Results are important, and it is more important to reach results quickly.
In the era of refined defense, simply pursuing the results of innocence, lightness, and security is too low. Take for example, the target should be 37 days, 33 days, 30 days, or even shorter.
For the detainees, I want to feel at ease as soon as possible. One more day is like a year. Three or four days are already too long.
2. In the face of controversial issues, provide multiple ideas.
There are certain gaps in the law and many issues are controversial. The contractor has a fixed set of thinking logic, and the defense lawyer can provide another set of ideas. The collision produces more sparks, which may affect the trend of the case.
Even if an arrest is made and a charge is changed, for the parties involved, it may be a difference in the final sentence and handling methods. Not just the difference in text.
All of these require professional defense lawyers to intervene to actively promote the progress of the case as much as possible, rather than passively waiting for the decision of the judicial authority.
Welcome to the selection of Wu Shuo’s report: exclusive news of mainstream exchanges, Bitmain series, supervision and frozen card series, Filecoin series, amber chaos, mining farm supervision news, etc.
risk warning
According to the “Risk Tips on Preventing Illegal Fund-raising in the Names of “Virtual Currency” and “Blockchain”” issued by the China Banking and Insurance Regulatory Commission and other five departments, please establish a correct investment philosophy. The content of this article does not endorse any operation and investment activities promotion , Investors are invited to increase their awareness of risk prevention.
