Recently, by the director of the criminal law professional committee of Beijing Huixiang law firmLawyer Wang YaweiSecretary General of Criminal Defense Research InstituteLawyer Li JinIn the case of Z suspected of fraud, with the unremitting efforts of the defense lawyer, the procuratorial organ finally adopted the innocence defense opinions of the two lawyers, believed that the evidence in this case was insufficient, and made a decision not to approve the arrest of Z. Z was released after 37 days of detention, and the case has achieved phased defense results.

　　Five meetings within 1. 30, fully communicate the details of the case

After intervening in the case, the defender learned that Z's company was engaged in a new type of business, and the amount of suspected fraud crimes charged by the public security organs may reach the huge amount stipulated in the relevant judicial interpretation. If it is found to be a fraud crime, Z will face more than ten years in prison.

　　Lawyers Wang Yawei and Li JinIn order to fully understand the facts of the case and accurately grasp the nature of the case, within one month after accepting the entrustment, he went to the detention center to meet with Z five times. During the meeting, the defense lawyer patiently restored the facts of the case with Z many times, and did not let go of any details. In addition, because Z was not deeply involved in the world, he entered the company after graduating from college. He was also the only daughter in the family. Since Z was detained, Z's parents were in tears all day. The defense lawyer guided and constructed the psychology of Z and his parents according to the specific situation, and helped their family through the most difficult time.

　　2. take the initiative to investigate and collect evidence and form a written legal opinion

　　investigation stageIn addition to being able to communicate with the parties, the defender has very little case materials. If he does not take the initiative to collect evidence, the progress of the case will all depend on the prosecutor's review, which is very passive. In this case, according to the information obtained during the meeting with Z, lawyers Wang Yawei and Li Jin took the initiative to retrieve various certificates and materials issued by relevant websites and administrative organs involved in the case, conduct all-round investigation and evidence collection, and collect and sort out the above evidence to form detailed legal opinions.

　　Lawyers Wang Yawei and Li Jin believe: 1. Z did not commit the subjective intentional and objective act of fraud, it does not constitute the crime of fraud, nor does it establish other crimes. 2. Z carried out the work according to his authority, did not participate in market development, did not decide on financial and other key information, the circumstances involved were relatively minor. 3. Z himself is not socially dangerous and his family is willing to actively assume the responsibility of guarantee, the non-approval of the arrest of Z will not lead to the occurrence of relevant social dangers. 4. the business model of the company involved in the case belongs to a new type of business model, involving administrative violations and the possibility of civil infringement, considering the modesty of the criminal law, it should not be treated as a crime. After the written opinion was formed, the defense lawyer came to the detention center again, communicated with Z on the opinion and verified every detail, and both parties confirmed the final text.

　　3. communicate with the prosecutor for many times to ensure that the innocence defense opinion is adopted.

After the case entered the procuratorate for review 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 legal opinions, and stated his opinions on the determination of the case to the undertaking prosecutor through telephone communication. In the end, the undertaking prosecutor adopted the legal advice of the defense lawyer and made a decision not to approve the arrest, and Z was also freed.

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 Profile

 

Lawyer Wang Yawei

 

Northwest University of Political Science and LawMaster of Laws,Beijing Huixiang Law FirmEquitySenior partner, director of the Criminal Committee, deputy director of the board of supervisors, national second-level psychological counselor.Research and expertise in criminal defense, criminal compliance, criminal prosecution.He has served as a middle-level leader in the court and the supervisory committee, undertaking cases such as job-related crimes, economic crimes, and criminal-civilian intersection.More than 1000 pieces, Zeng Rongli personal third-class merit, won the youth rights defense post, the May 1st Labor Medal, the national anti-counterfeiting advanced collective and other honorary titles.

 

Academically, he participated in the compilation of "Exploration and Research on Chinese Legal Theory and Practice in the 21st Century", which was collected by the Supreme People's Court and issued the "Supreme People's Court Collection Certificate". The research article won the third prize of the court system and the first prize of the Juvenile Delinquency Research Association.

 

 

Lawyer Li Jin

 

Master of Law, member of the Criminal Committee of Beijing Huixiang Law Firm and Secretary-General of the Criminal Defense Institute.Research and expertise in criminal defense, criminal compliance business.He is good at handling economic crime cases and major criminal cases involving triads and evils. He has represented a number of influential economic crime cases, triad-related cases and appeal cases in the country, and has achieved good agency results.