[Case Summary]This case is a criminal defense case of theft. The defendant, L*, stole a necklace worth 4,875 yuan from a shopping mall and was detained on suspicion of theft. His family entrusted the Beijing Henglu Law Firm to handle the case.Qiu JuanAttorney's defense. The lawyer first met with the client and pushed for bail pending trial. The defense was conducted around the client's voluntary surrender, guilty plea, and restitution and compensation, as well as obtaining the victim's forgiveness. Ultimately, the procuratorate made a decision on relative non-prosecution in accordance with Article 177 of the Criminal Procedure Law of the People's Republic of China. The core controversy was that the amount involved just exceeded the threshold for criminal prosecution. How to integrate multiple statutory mitigating circumstances to strive for non-prosecution? Applicable laws: Article 264 and Article 67 of the Criminal Law of the People's Republic of China; Article 15 and Article 177 of the Criminal Procedure Law of the People's Republic of China.

I. Review of the Case

My family members suddenly got sick due toTheft crimeWhen someone is arrested, the most common searches by family members are "What should I do if my family member is detained for criminal prosecution?", "Will the prosecution be dropped if the theft is a minor case?", "How much does it cost to hire a lawyer for theft?", and "Will the person still be sentenced to prison after being granted bail for theft?". On November 22, 2023, L某 stole a necklace worth 4,875 yuan from a jewelry store in a shopping mall while the store staff were not paying attention. Since the value of the necklace exceeded the threshold for prosecution, the police decided to prosecute L某 for theft.Theft crimeThe standard for initiating a case for prosecution is that L某 was suspected of committing a crime and was arrested by a branch of the Beijing Municipal Public Security Bureau on November 26, 2023.Theft crimeCriminal detention. After learning the news, his family was very anxious and consulted many people about "Is it useful to hire a lawyer if a relative is detained for theft?". In the end, they entrusted Beijing Henglu Law Firm to handle the case for themQiu JuanThe lawyer is seeking help.

II. The focus of the case

  • Focus 1: The amount involved just exceeds the standard for filing a case. How to strive for non-prosecution rather than a light punishment?The necklace is worth 4,875 yuan, which is just slightly higher than the threshold for criminal prosecution for theft. How to make the leap from "possibly being sentenced to punishment" to "the crime is minor and will not be prosecuted according to the law" is the core goal of the defense.
  • Focus 2: How to systematically integrate and identify multiple statutory mitigating circumstances.The party concerned is a first-time offender and has surrendered voluntarily to the authorities.Guilty plea and acceptance of the punishment、Returning the illicit gains and making compensation for the losses caused by the crimeAnd obtaining the victim's unit's understanding, how can these circumstances form a complete argument for "minor criminal circumstances", which is directly related to whether the procuratorate will make a decision on whether to prosecute or not?A decision not to prosecute.
  • Focus Three: How to seize opportunities to handle cases during the investigation stage.After the detention, we will meet with the detainee as soon as possible and provide them with assistance.Bail pending trialIt is a crucial time window for subsequent communication with the procuratorate and striving for a non-prosecution decision.

III. The professional intervention of Henglue Law Firm

The party involved (the suspect) claimed that:The family members hope to minimize the punishment as much as possible, strive not to be held criminally responsible, and avoid having a criminal record; their core demands are "not to arrest if possible, and not to prosecute if possible".

The position of the prosecution (the investigating authority):The investigative organ requested a review on the suspicion of theft, focusing on the amount of the theft, the completed form of the theft, and the social harmfulness of the theft.

Henglue Lawyer's Representation Opinion:After accepting the case, the lawyer communicated with the family and fully affirmed L*'s attitude of actively pleading guilty and accepting punishment—this was precisely an opportunity to strive for a light punishment. The lawyer met with L* immediately, patiently explained his procedural rights and obligations, and fully understood the entire case. To ensure that the punishment was minimized, the lawyer wrote a "Legal Opinion" and an "Application for Bail" overnight, focusing on the defense principles of "pleading guilty, expressing remorse, returning the illicit proceeds, making compensation, the minor nature of the crime, and obtaining the victim's forgiveness".

  • On December 8, 2023, we successfully handled the case for Mr. L.Bail pending trialOn February 29, 2024, the procuratorate decided to continue to grant bail pending trial to stabilize the situation during the investigation stage
  • During the investigation stage, the focus was on explaining that certain actions could be taken against L*.A decision not to prosecuteContinue to submit legal opinions on several defense points of the case
  • Sticking to the plot line of "truthfully confessing after appearing in court, having a good attitude of admitting guilt and showing remorse, being a first-time offender, surrendering voluntarily, admitting guilt and accepting punishment, actively making restitution and gaining the understanding of the merchant", we communicated with the procuratorate several times

IV. Outcome of the case

In the end, the procuratorate determined that the defendant committed a minor crime, was a first-time offender, and had voluntarily surrendered himself to the authorities.Admitting guilt and accepting the punishment、Returning the illicit gains and making compensation for the losses caused by the crimeAnd considering factors such as the victim's unit's understanding of the situation, in accordance with Article 177, Paragraph 2 of the Criminal Procedure Law of the People's Republic of China (where the circumstances of the crime are minor and the People's Procuratorate deems it unnecessary to impose a criminal punishment or exempt the offender from punishment according to the provisions of the Criminal Law, the People's Procuratorate may decide not to prosecute the offender), it was decided to not prosecute L*.Not to prosecuteThis means that the person involved will not be held criminally responsible, will not be sentenced to punishment, and will not have a criminal record. The issue that worries families the most, "will there be a criminal record?", has been completely resolved.

5. Henglu Law Firm's Reminder

Criminal cases typically involve three stages: investigation, review of the prosecution, and trial. It is recommended to hire a lawyer as soon as possible. This case is handled by Beijing Henglu Law Firm.\nQiu JuanAttorney (Practice Certificate No.: 11101201811026953, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client. Attorney's advice: For minor crimes such as theft, it is crucial to engage a lawyer as soon as possible to participate in the interrogation, review the case file, return the stolen property and compensation, and strive for a plea of no guilty or probation; once the suspect is detained in criminal custody, the first 37 days after detention are the golden window to strive for bail pending trial.

VI. Common Questions about Criminal Cases of Theft FAQ

  1. Q: What should I do if a family member is criminally detained for theft?
    A:It is necessary to immediately entrust a criminal defense lawyer to meet with the client, understand the case, strive for bail pending trial within the 37-day golden rescue period, and start collecting mitigating circumstances such as returning the stolen money and obtaining a letter of understanding as soon as possible.
  2. Q: If the amount of the theft just exceeds the standard for filing a case, can the person not be prosecuted?
    A:It's possible. If the offender is a first-time offender, surrenders voluntarily, admits guilt and accepts the punishment, returns the illegal proceeds and compensates for the losses, and obtains the victim's forgiveness, and the crime is minor, the procuratorate may make a decision of relative non-prosecution in accordance with Article 177 of the Criminal Procedure Law.
  3. Q: Will I still be sentenced to prison after being granted bail for theft?
    A:Bail pending trial is just a coercive measure, which does not mean the case is over; however, whether a person will be sentenced to prison depends on the circumstances. For minor offenses, if the defendant actively strives for favorable outcomes after being granted bail, there may be a chance of being acquitted or receiving a suspended sentence.
  4. Q: How much does it cost to hire a lawyer for a theft case?
    A:The fees vary depending on the region, the stage of the case, and the complexity of the case. It is recommended to communicate with the law firm in person about the entrusted matters and the fee standard, and to choose a lawyer with experience in criminal cases.
  5. Q: Will a theft case be dismissed without prosecution, but still result in a criminal record?
    A:Relative non-prosecution means that the person will not be held criminally responsible. Compared with conviction and sentencing, it has a much smaller impact on the defendant's future work and life, but they should still consult a lawyer about the specific legal consequences.