[Case Summary]This case is a criminal defense case of environmental pollution crime. The suspect, M*, has no criminal record. In May 2023, he was detained in criminal custody on suspicion of environmental pollution crime, and in June 2023, he was arrested with the approval of the procuratorate and detained in the First Detention Center of a certain city. His family entrusted Beijing Henglu Law Firm to handle the case during the arrest stage.Yuan HangThe lawyer defended him. The lawyer first met with the client and drafted an application for review of the necessity of detention, demonstrating from nine aspects that M *'s crime was minor and that granting bail would not pose a social danger. In the end, the procuratorate accepted the lawyer's opinion, and M * was successfully granted bail and regained his freedom. The core dispute: how to strive for a change in coercive measures through a review of the necessity of detention after approval of the arrest. Applicable laws: Articles 67, 95, and 96 of the Criminal Procedure Law of the People's Republic of China.

I. Review of the case

After their family member was detained criminally, their biggest concerns were "Can he/she be granted bail pending trial if he/she is arrested for the crime of polluting the environment?" and "Is it still useful to hire a lawyer after he/she is arrested?". The crime of polluting the environment may seem uncommon, but with the increasing efforts in environmental protection, the incidence of such crimes has risen. M*, who had no criminal record, was detained criminally by a certain public security bureau in May 2023 on suspicion of committing the crime of polluting the environment. In June 2023, he/she was arrested by the district people's procuratorate and detained in the First Detention Center of the city. M*'s parents are both seriously ill, and he/she still has young children to take care of, so the family is in a difficult situation. After entering the arrest period in the investigation stage, M*'s family entrusted our law firm to handle the case.Yuan HangThe lawyer defends his client according to the law and strives for the opportunity of his release.

After accepting the commission, Hengluo Lawyers met with the client as soon as possible to communicate the case facts, statements, and defenses, provide corresponding legal advice, and draft the application for review of the necessity of detention. Hengluo Lawyers believed that by questioning and meeting with the criminal suspect M*, combined with relevant legal provisions and the criminal justice policy of combining leniency with severity, M*'s crime was minor, and bail pending trial would not hinder the review of the case or pose a social danger. Therefore, in accordance with Articles 67, 95, and 96 of the Criminal Procedure Law of the People's Republic of China, Hengluo Lawyers requested a review of the necessity of detention for M* and the change of coercive measures to bail pending trial, and analyzed the defense opinions from nine aspects.

II. The focus of the case

  • Focus 1: The start conditions and argumentation path of the review of the necessity of detention after approval of arrest.After the arrest, an important legal advice for the defense is to suggest that the procuratorate not detain the suspect. How to form a complete argument that "the crime is minor and poses no social danger" is the key to obtaining bail.
  • Focus Two: Evidence organizations that demonstrate that the crime is minor and poses a low social risk.M某 has no criminal record and is facing financial difficulties. He needs to systematically present the circumstances that warrant a lighter punishment to persuade the procuratorial organ to change the coercive measures against him.
  • Focus Three: Seizing the Opportunity to Defend.The review of the necessity of detention is conducted during the arrest period, seizing the time window to fight for the freedom of the parties involved.

III. Professional intervention by Hengluo Lawyers

The party involved (the suspect) claimed that:M * has no criminal record and a heavy family burden. He/She earnestly requests that the compulsory measures be changed to bail pending trial.

The position of the prosecution (the case-handling organ):M*, who is suspected of committing the crime of environmental pollution, has been approved for arrest and needs to be detained further to ensure the smooth progress of the litigation.

Legal opinion of Hengluo Law Firm:After accepting the commission, I met with M* as soon as possible to communicate the case and defense arguments. Based on the criminal policy of combining leniency with severity, I believed that M*'s crime was minor, and bail pending trial would not hinder the review of the case or pose a social danger. In accordance with Articles 67, 95, and 96 of the Criminal Procedure Law of the People's Republic of China, I requested a review of the necessity of detention and the change of coercive measures to bail pending trial. Subsequently, I focused on analyzing the defense opinions submitted in the "Application for Review of the Necessity of Detention" from nine aspects and continued to communicate with the procuratorial organ.

IV. Outcome of the case

After Henglu Law Firm submitted a legal opinion and communicated with the procuratorial organ on multiple occasions, the procuratorate decided that M * did not need to be detained any longer. In the end, M * was successfully released on bail, and the case achieved a phased success. Although the review of the necessity of detention cannot lead to the suspect being acquitted or released on the basis of doubt, it has become an important path to "bail pending trial" or "residential surveillance".

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law FirmYuan HangAttorney (Practice License No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client. In criminal cases, "the earlier the lawyer gets involved, the better it is". Both the defense before arrest and the review of the necessity of detention after arrest are crucial windows. Only when professional lawyers get involved early can they seize the opportunity and safeguard their legitimate rights and interests.

VI. Common Questions About Environmental Pollution Crimes FAQ

  1. Q: Can a person who has been arrested for a crime of polluting the environment still be granted bail pending trial after being charged?
    A:Yes. After the approval of the arrest, you can apply to the procuratorial organ for a review of the necessity of detention to seek a change in the compulsory measures. If you can prove that the crime is minor and poses no social danger, there's a good chance of being granted bail pending trial.
  2. Q: How to write an application for a review of the necessity of detention?
    A:It should focus on the facts of the crime, the nature of the charges, the seriousness of the circumstances, the social danger, and the special difficulties of the family, etc., and combine with the criminal policy of leniency and severity to systematically demonstrate the necessity of not continuing the detention.
  3. Q: What are the sentencing standards for crimes of polluting the environment?
    A:According to Article 338 of the Criminal Law of the People's Republic of China, anyone who seriously pollutes the environment shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If the consequences are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and be fined.
  4. Q: Is it useful to hire a lawyer if a family member is detained by the police for criminal investigation?
    A:It's useful. Lawyers can meet with clients in time, understand the case, submit legal opinions, and strive for more opportunities in the review of the necessity of arrest and detention.
  5. Q: How long will it take to be granted bail after being approved for arrest by the procuratorate?
    A:There is no unified time limit. It usually depends on the changes in the evidence of the case and the adoption of the defense opinion. The earlier you get involved, the more proactive you will be.