Huixiang Performance... Successful defense during the "37-day golden rescue period", the parties were not approved for arrest.

2021-09-10

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ALLWELL LAW FIRM

Gather strength, and follow detailed

At 8: 00 p.m. on September 9, 2021, lawyer Jiao Jingshou and his team received the news that a certain client had regained his freedom.

Jiao Jingshou's lawyer team acted as the defender of a party in the case of illegally absorbing public deposits. During the "37-day golden rescue period" of the criminal case, the team went all out to exhaust the defense work in the investigation stage, and finally won the decision not to approve the arrest for the party. Based on the procuratorate's disapproval of the arrest, the public security organ made a decision to obtain a guarantor pending trial on the 37th day of a party's criminal detention.

This case is another successful case in which Jiao Jingshou's lawyer team obtained no arrest during the "37-day golden rescue period.

 

Unit involved in punishment, legal person in prison

The special feature of this case is that the party served as a nominal legal person of an enterprise many years ago, and the enterprise raised foreign funds in the early years, and many years later faced a non-absorbing criminal crisis. The nominal legal person was the first to bear the brunt and was imprisoned.

Such cases can basically be judged not to be involved if they are only registered shareholders or registered legal representatives and do not participate in the actual management and operation of the platform. When a registered shareholder or a registered legal representative is pushed to the dock to face a criminal trial, the focus of the dispute is what the defendant's "role, status and role" is, and whether the so-called registered name can be identified.

 

Only the name is not involved in the management and operation, should not be considered a crime.

After many meetings to understand the case, Jiao Jingjing's lawyer team used the legal thinking of the intersection of criminal and civil law to determine the identity of the party's "registered legal representative" from the civil and commercial law, believing that the party did not participate in the company's decision-making, operation or management, did not contact any work in the business line, did not receive the victim's investment money, and submitted legal opinions that did not constitute a crime and the applicant for bail pending trial to the public security to the public security.

After the public security organ made the decision not to approve the bail pending trial, Jiao Jingshou's lawyer team immediately began to prepare a legal opinion on not approving arrest, focusing on the party's status, role, role and profit situation in the company, and believed that the party's behavior did not constitute a crime.

 

Adoption of counsel and freedom of client

On the 37th day of criminal detention, the procuratorate adopted the opinion of Jiao Jingshou's lawyer team not to arrest and made a decision not to approve the arrest of the client. The client was released and regained his freedom.

This case is another successful case in which Jiao Jingshou's lawyer team has achieved the result of not approving the arrest. His "dedicated, professional, efficient, and responsible" professional attitude and defense ability have been highly praised by the parties.

 

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