Note: All names in this article are pseudonyms, please do not take the correct seats.

When I first met Chen Jing, she wore a plaid suit jacket with a black midskirt. When Mr. Chen told her that I was the lawyer hired by Mr. Chen for her, she laughed and greeted me, "Thank you, Lawyer Cao!" If Mr. Chen had not told me in advance that Chen Jing was a schizophrenic and had been ill for many years, I would never have believed that such a well-groomed lady was a person with limited capacity. She's my client, a suspect in a theft case.

The case took place in March 2020, at about 8 p.m., Chen Jing, who was staying in her bedroom, came to the community express point, took three express packages and went home. When I asked her to recall the night in detail, she could barely remember that she had actually taken three packages home, and nothing else.

The fact is that Chen Jing received three express on the same day, one is Wang Ming's. Wang Ming also lives in the same community, but two people do not know each other, this day Wang Ming sea Amoy imported health products finally sent, but she in the express point how also can not find their own package, under the emergency call the police.

After the police came out, the Courier was officially identified as a criminal case when the lost items were found to be worth 3,000 yuan.

The police obtained the surveillance video and found that Chen Jing was suspected of committing the crime after investigation; Door search, suddenly found Wang Ming lost health care products intact placed on the shoe cabinet at the door of Chen Jing. As a result, Chen Jing's theft case was soon transferred to the procuratorate.

After reviewing the papers, I submitted a lawyer's opinion to the prosecutor, requesting that Chen Jing be relatively non-prosecuted. The young female prosecutors replied to me very seriously. They reviewed the whole case and believed that Chen Jing had the intention of stealing and should be transferred for prosecution. Given Chen's mental state, prosecutors promised to recommend probation to the judge.

The matter has reached this point, informed colleagues advised me that Shanghai has always been strict on theft cases, and it is a good result to sentence a suspended sentence. Before I was ready to close the case, I decided to take a closer look at the case file, especially the judicial expert opinion and Chen Jing's interrogation record. I found that the identification opinion described Chen Jing's symptoms as delusions of victimization and auditory hallucinations. Combined with the two interrogation records of Chen Jing in the investigation organ, there were always some incomprehensible contradictions in the content of the question and answer, I decided to talk to Chen Jing again.

Unexpectedly, Chen Jing is very aware of her illness, she admitted that she is both depressed and manic schizophrenia symptoms, in accordance with the doctor's advice to take medicine, the condition can be controlled, but the phenomenon of auditory hallucinations has always existed. It was during the conversation between Chen Jing and me that she struggled to concentrate, because there was always some noise beside her, a phenomenon that had been with her for many years, tormenting her every day. At the time of the incident in March, due to the strict control of the epidemic, her medicine was forced to be interrupted, resulting in aggravated illness and very serious auditory hallucinations.

Without an appointment, I suddenly visited Chen Jing's home, consistent with what Mr. Chen said, the home was full of various sundries, such as nearly 300 pieces of dishwashing cloth, hundreds of steel wire balls of various sizes, etc. Mr. Chen smiled wryly, these are the results of Chen Jing's impulsive online shopping when she was ill, and she put them aside after buying. The same is true of the items at the time of the incident, which have been stacked in Chen Jing's home. In other words, Chen Jing did not know what she had bought at the time of the attack. Wechat photo _20201208152424.jpg

In the process of communicating with Chen Jing and Mr. Chen, I found that as long as the two of them talked about their son, their attitude was highly consistent, especially Chen Jing, she showed a strong motherly heart. Once Chen Jing's theft conviction takes effect, even if it is suspended, it may have a negative impact on her son's future employment, thinking of this, I decided to make one last effort.

So I decided to ask the prosecutor for another chance to meet in person. I would like to thank the young female prosecutor who patiently listened to all my comments, including the fact that Chen Jing's auditory hallucinations would limit her capacity, cause her to lose basic discernment and control over her own actions, the subjective and malicious difference between taking someone else's property by mistake and illegally taking someone else's property, and the impact of Chen Jing's sentence on her family. The prosecutor promised to discuss the case again, and the kind prosecutor reminded me that the victim's opinion was also important if I was to fight for a decision not to prosecute.

I did not dare to be careless, and went to the investigation organ to find the contractor police officer to understand the situation of the owner Wang Ming, when I learned that Wang Ming had not contacted the police after getting back his belongings, I decided that I should communicate with Wang Ming. Wang Ming is very young and has a hot temper, but fortunately, after I showed my intention to come, she did not reject me completely. The communication process is not long, but it does test lawyers, my experience is to treat each other honestly, neither servile nor overbearing. As a result, Wang Ming accepted Chen Jing's apology and compensation, and issued a letter of understanding.

On November 18, 2020, fine, the prosecutor read the non-prosecution decision to Chen Jing. Then, the prosecutor walked us to the door and said, "Lawyer Cao, you are very serious and responsible, I hope Chen Jing can take the medicine on time, and do not live up to your efforts." Mr. Chen asked me what to do next. I replied: Take good care of your wife, thanks to the legal net also have human feelings.