2022年9月30日，由上海兰迪律师事务所（“本所”）马昊宇律师和王俊律师担任辩护人（“辩护人”）的一起发生在2022年4月上海疫情封控期间因小区团购争议引发的约架互殴案件喜获上海市徐汇区检察院作出的不起诉决定。

On September 30, 2022, the Shanghai Xuhui District Attorney's Office decided not to charge our client (“Client”), who was involved in a Shanghai Covid Lockdown evoked battery case in April 2022, with any crime. The Client was represented by Shanghai Landing Law Offices’ attorneys William Haoyu Ma, Esq., First Chair Counsel, and WANG Jun, Esq.

本所代理的是一名上海封控期间的小区志愿者（“我方当事人”），其因小区内是否可以团购奶茶等非必需物资与同小区居民（“被害人”）发生争议。被害人向我方当事人约架，我方当事人遂应约前往约架地点并与被害人发生了肢体冲突，造成被害人右膝关节损伤，达轻伤一级。

Our Client was a volunteer in his compound during the Shanghai Covid Lockdown. He was involved in an argument with his neighbor (“Victim”) over whether they were allowed to purchase “unnecessary stuff,” such as milk tea, etc. The Victim dares the Client to fight. The Client then went out to meet the Victim and had some physical contact with the Victim. As a result, the Victim injured his right knee and was valued as 1st Degree Minor Injury.

接受委托后，辩护人立即向公安机关提交了建议不予追究刑事责任的法律意见书，重点强调了被害人在本案发生过程中存在的约架挑衅的过错，及我方当事人在案发过程中的具体行为表现并非是在主动追求伤害发生，而是被动防守居多。

Right after the Client retained us, we filed our legal opinion with the police, in which we asserted that it was the Victim’s fault for provoking and asking the Client to meet him and fight, and the Client’s actions during the fight were not in an offensive manner but rather in a defensive manner. Therefore, our Client shall not be charged with any crime.

在得知司法鉴定的意见是我方当事人的行为对造成被害人的损伤结果的可能性大后，辩护人第一时间邀请专业法医联合撰写了重新鉴定申请书。虽然公安机关没有准予重新鉴定，但是显然检察机关对我方包括重新鉴定申请书在内的各项意见给予了充分考虑。

When we learned that the forensic found that there was a great possibility that it was our Client’s action that caused the Victim’s injury, we immediately had our own forensic expert join us to draft an application requesting a renewed forensic test. The police denied our request. However, not long after, as the result shows, the District Attorney’s Office apparently took our request for renewed forensic test, among our other opinions, into sufficient consideration.

案件进入审查起诉阶段后，辩护人与公诉人进行了反复多次的充分沟通，最后终于逐渐达成共识，即事因被害人挑衅而起，我方当事人一贯品行良好，案发纯属意外，有作出相对不起诉的空间。但是，公诉人一再强调，已经造成轻伤一级，做不起诉很难。并且被害人一直没有出具谅解书，难上加难。

When the case was moved for indictment, we communicated with the prosecution many times to finally agreed that 1. This case started with provocation by the Victim, 2. Our Client has a peaceful character, and 3. The injury of the Victim was unintended. Therefore, there is a possibility of not charging the case. However, the prosecution also contended that it was unlikely that they would eventually forego the charges due to the valuation of the Victim’s injury. And the fact that the Victim still had not given his written forgiveness made it even harder.

迎难而上正是律师的执业乐趣之所在。经过辩护人与被害人及其代理律师充分沟通，结果被害人不仅同意在赔偿金额上减免了三分之一，并且同意在谅解书中承认自己约架的过错、承认其受伤并非我方当事人单独造成而是同时存在其它多种原因共同造成，以及其它有利于我方当事人的相关表述。

Challenging the unlikelihood is precisely the fun of being a lawyer. Through negotiations with the well-represented Victim, the Victim eventually not only agreed to discount one-third of the damages he claimed but also agreed to admit that it was his fault for provoking our Client, that it was not only our Client’s action that caused his injury but other factors too, and other admissions that well benefited our case.

最终，徐汇区检察院综合考虑各方面因素，采纳了辩护人的辩护意见，对我方当事人作出了不起诉的决定。

At last, in consideration of the totality of the case, the Xuhui District Attorney's Office agreed with our legal opinion and forewent all the charges against our Client.

本案辩护人马昊宇律师始终坚持只做无罪辩护，其单独代理或与其他律师合作办理的多起刑事案件均成功取得了公安撤销案件（中国）、检察院决定不起诉（中国），或法院判决无罪（尼泊尔）的良好结果。

Defense attorney William Ma in this above-mentioned case keeps his Not Guilty Records in all the criminal cases he represented or worked with other attorneys. All his clients were either released by the police (in China), forewent all the charges by the DA (in China), or were found not guilty by the court (in Nepal).