On September 6, 2021, the results of the 5th National Top 10 Classic Cases of Innocent Defense held by China University of Political Science and Law were officially announced. Chen Haizong, a lawyer from Guangdong Legal Shengbang Law Firm, who served as the defender, was successfully selected for the case of suspected provocation and trouble making.

Basic facts of the case

Chen Haizhuan is a primary school Chinese teacher in Longhu District, Shantou City. During his tenure, he was awarded honors such as Outstanding Teacher and Top Ten Reading Guidance Teachers. In 2012, he reported that the selection project was fraudulent and sent multiple text messages from 2012 to 2015 to scold and scold relevant leaders. In September 2016, he was arrested on suspicion of provoking and causing trouble, and in October of the same year, he was released on bail pending trial in January 2017.

After receiving the commission, Lawyer Huang Bairui quickly learned about the situation of the case and conducted a meeting to review the papers. In the defense process, the first step is to apply for the retrieval of evidence such as Chen Haizong's alarm records of intimidation and retaliation, as well as materials to verify the authenticity of the reported fraud. Secondly, based on the case materials, it is proposed that the object of Chen Haizong's phone calls and text messages belongs to a specific object, which does not meet the constitutive requirements of the crime of causing trouble; The act of sending text messages did not disrupt social order; After being reported by Teacher Chen, the victim of this case engaged in a series of retaliations against Teacher Chen, with obvious wrongdoing and other defense opinions.

Judgment results

In March 2019, the People's Court of Haojiang District, Shantou City, Guangdong Province acquitted the defendant in the first instance. After the verdict was pronounced, the People's Procuratorate of Haojiang District, Shantou City filed a protest.

On November 4, 2019, the Shantou Intermediate People's Court in Guangdong Province issued a second instance ruling, rejecting the protest and upholding the original acquittal verdict.

Typical significance

In judicial practice, due to unclear standards for identifying provocation and causing trouble, and low threshold for conviction, it leaves relatively large discretionary space for judicial organs, which reduces the certainty of the law and is known as "pocket crime". This case is an important milestone for the judicial authorities to step out of "mechanical justice". After lawyer Huang Bairui's targeted defense and arguments, the case ultimately successfully defended the legitimate rights and interests of the parties and upheld the fairness and justice of the law.

Justice may be late, but it will never be absent. Behind every acquittal verdict, the hard work and efforts of legal professionals are condensed. It is precisely because they adhere to their faith in the rule of law and the pursuit of justice that they strive for freedom and dignity for those who have suffered injustice, that fairness and justice can be implemented in every specific case, and the sanctity and authority of justice can be maintained.