Editor's Note

Recently, Zhang Moumou (pseudonym), represented by Lawyer Kui Zhuoran, deputy director of the Criminal Law Professional Committee of Beijing Huixiang Law Firm, and Lawyer Yang Liyan, a member of the Criminal Committee, was suspected of organizing and leading pyramid schemes. With the unremitting efforts of defense lawyers, the procuratorial organs Finally adopted the opinions of the two lawyers not to approve the arrest.

In the case that the sentencing proposal of other suspects in the same case (the criminal status and role of Zhang Moumou are the same) is the actual sentence and is about to face a sentence, the procuratorial organ fully listened to the defense opinions of the lawyer and made a decision against Zhang Moumou in accordance with the law. The decision not to approve the arrest.

Zhang Moumou was released on bail pending trial after being detained for 37 days. The case has achieved phased and effective defense results.

Written by Kui Zhuoran Yang Liyan

01

Meet 5 times within 30 days, fully communicate the details of the case

After intervening in the case, the defender learned that Zhang Moumou participated in the online red wine buying activities of Beijing * * Trading Co., Ltd. involved in the case, which is different from the traditional type of pyramid selling activities and belongs to the new type of pyramid selling activities. The public security organs accused Zhang of developing more than 30 people and reaching three levels, reaching the criminal prosecution standard for the crime of organizing and leading pyramid selling activities. If he is found to be guilty of organizing and leading pyramid selling activities, Zhang will face fixed-term imprisonment of not more than five years.

In order to fully understand the facts of the case and accurately grasp the nature of the case and the circumstances of sentencing, lawyers Kui Zhuoran and Yang Liyan went to the detention center to meet Zhang five times within one month after accepting the entrustment. During the meeting, the defense lawyer patiently restored the facts of the case with Zhang many times, and did not let go of any details.

02

Determine whether the party's behavior is socially dangerous, whether it is necessary to arrest, and form a written legal opinion.

According to the information obtained during the meeting with Zhang, lawyers Kui Zhuoran and Yang Liyan took the initiative to investigate the business process of the company involved in the case, had a comprehensive grasp of the case, grasped the core difference between Zhang and other suspects involved in the case, and formed a detailed legal opinion that "Zhang's social harm is significantly minor and there is no need to be detained and arrested.

As we all know, Article 79 of the Criminal Procedure Law stipulates that arrest requires three conditions at the same time: 1. There is evidence to prove the facts of the crime; 2. It may be sentenced to fixed-term imprisonment or more; 3. It is socially harmful and necessary to arrest.

Focusing on this case, when Zhang's behavior reaches the standard of criminal prosecution, is suspected of constituting a crime, and the sentencing recommendation of the procuratorate of other criminal suspects in the same case is a real sentence and is facing a sentence, how to effectively defend from the condition of "whether the perpetrator involved in the case is socially dangerous" needs to be evaluated according to various aspects:

(I) clear legal provisions that may not approve an arrest

According to the Supreme People's Procuratorate's Criminal Procedure Rules of the People's Procuratorate, the People's Procuratorate's Examination and Arrest Quality Standards and other corresponding laws and regulations, the criminal suspect is suspected of a minor crime, and there is no suspicion of other major crimes, a first offender with less subjective malignancy, an accessory in a joint crime, a surrender after a crime, a performance of meritorious service, or a positive return of stolen goods, compensation for losses, a performance of repentance, A decision may be made not to approve the arrest or not to approve the arrest under other circumstances that do not endanger society or hinder the normal conduct of criminal proceedings.

The (II) discusses the circumstances necessary for the party Zhang Moumou not to be detained and arrested in accordance with the law.

Under the premise that Zhang, a party involved in this case, is suspected of constituting the crime of organizing and leading pyramid selling activities, the defender firmly grasped that there were many circumstances in Zhang that could not be arrested in accordance with the law, and discussed that Zhang was not necessary to be detained and arrested.

In combination with the above provisions, the defender believes that: Zhang Moumou's suspected crime is relatively minor, and there is no other major crime suspicion, and has the above sentencing circumstances. Not detaining Zhang Moumou will not harm the society or hinder the normal progress of criminal proceedings. Make a decision not to approve the arrest or not to arrest.

(III) review of judicial precedents, Zhang's involvement in the case is not necessary to arrest.

Through consulting relevant judicial precedents, the Criminal Judgment once believed that the criminal subject of this crime was the initiator, decision-maker, and manipulator who played an organizational and leading role in MLM activities, and was responsible for planning, directing, and arranging in MLM activities., Coordination and other important responsibilities, or personnel who play a key role in the implementation of MLM activities. For those who have participated in pyramid selling activities and developed offline agents and salesmen, and obtained a certain amount of illegal income, but do not belong to the organizers and leaders of pyramid selling activities, they should not be investigated for criminal responsibility. In this case, Zhang's behavior involved in the case belongs to the above judicial precedent that the defendant should not be investigated for criminal responsibility, and there is no need to arrest.

03

After repeated communication with the undertaking prosecutor, the legal opinion of not approving the arrest was finally adopted.

After the case entered the procuratorate for examination and approval of arrest, the defense lawyer always paid attention to the progress of the case, contacted the undertaking prosecutor as soon as possible, submitted written opinions, and stated to the undertaking prosecutor in various ways that there was no necessary opinion on Zhang's detention. In the end, after carefully listening to the lawyer's opinions, the undertaking prosecutor made a decision not to approve the arrest of Zhang in accordance with the law, and Zhang was also free.

The defense work of this case has achieved stage results, which has laid a good foundation for the next step of the lawyer's work. In the handling of the case, the defense lawyer's working ability and professional responsibility have won the full affirmation of the parties.

Lawyer Presentation

Lawyer Kui Zhuoran

Lawyer Kui Zhuoran once worked in the public security bureau of a municipality directly under the Central Government for ten years, involving criminal investigation, economic investigation, intelligence, legal system and other departments, participated in handling a large number of major criminal and economic cases, and received many awards for meritorious service. After working as a full-time lawyer, he has represented the following cases (in part):

Typical cases:

1. criminal defense

1. The "Lou He Extraordinary Underworld Gang" in Jinzhou City, Liaoning Province, represented Lou Mou, the No.1 defendant of the gang involved;

2. The case of corruption and abuse of power by Geng, the former deputy mayor of Baoshan City, Yunnan Province;

3. In Luliang City, Shanxi Province, the case of setting up a casino on a very large overseas network was effectively defended, and the felony (the crime of opening a casino) was changed to (the crime of helping letters);

4. In the case of Li's illegal occupation of agricultural land and illegal mining in Ordos City, Inner Mongolia, after an effective defense, he obtained a suspended sentence for the parties under the premise of the two crimes;

5. In Xianning City, Hubei Province, Li Moumou's gang contract fraud case, the crime amount was more than 0.1 billion yuan. After effective defense, he won the legal minimum sentence (ten years) for the parties.

2. cases of non-prosecution or non-arrest

1. Jiang, an executive of a real estate company, is suspected of intentional injury;

2. Zhou Mou (Deputy Bureau), an executive of a state-owned enterprise, was suspected of provoking trouble and successfully did not prosecute;

3. Jin, an executive of a listed company, was suspected of illegally misappropriating funds and successfully did not prosecute;

4. Guo Moumou was suspected of falsely issuing special value-added tax invoices. After the procuratorate prosecuted, he successfully failed to approve the arrest and was released on bail pending trial;

5. Tian Moumou was suspected of committing a major liability accident and successfully failed to approve arrest and was released on bail pending trial.

3. accusatory cases

1. An Internet giant helped the company successfully file a lawsuit in Shanghai because its employees were suspected of taking bribes from non-state employees;

2. An Internet company, because its employees were suspected of embezzlement, helped the company successfully file a lawsuit in Fujian:

3. A listed real estate company helped the company successfully file a lawsuit in Nanjing because its employees were suspected of embezzlement;

4. A listed game company helped the company successfully file a lawsuit in Beijing because its employees were suspected of illegally obtaining computer information systems;

5. A Hong Kong-listed company, whose business reputation was damaged because its competitors fabricated and spread false facts, helped the company successfully file a case in Beijing for the crime of damaging its business reputation.

Lawyer Yang Liyan

Since practicing, he has specialized in financial crime defense, duty crime defense and other fields. He has a solid theoretical foundation and good professionalism. He has successfully assisted in handling many non-prosecution cases and achieved good performance. He has represented the following cases (part):

Typical cases:

1. Fu Moumou was suspected of assisting in organizing prostitution cases and successfully refused to approve the arrest and was released on bail pending trial.

2. Tang Moumou was suspected of illegally manufacturing guns and successfully refused to approve the arrest and was released on bail pending trial; after that, the public prosecution agency changed the sentencing recommendation to apply probation.

3. Li Moumou is suspected of promoting terrorism, extremism, inciting the commission of terrorist activities, and illegal possession of articles that promote terrorism and extremism. After pleading guilty and pleading guilty, the crime is light and the sentence is sentenced. Under the circumstances that both crimes are constituted, Successfully not prosecute.

4. Cao Moumou was suspected of fraud and successfully refused to approve the arrest and was released on bail pending trial. During the period of being released on bail pending trial, he was detained again on suspicion of fraud. After defending, he successfully refused to approve the arrest and was released on bail pending trial again. In both cases, bail has been lifted pending trial.

5. Duan Moumou was suspected of accepting bribes by non-state staff and successfully won a suspended sentence after defense.