Recently,the case concerning a private entrepreneur suspected of the crime of illegal pooling of public deposits handled by Li Xiujuan,a partner of King&Capital Law Firm,finally achieved a major phased victory after a five-year tug of war between the defender and the public security organs,procuratorial organs and people's courts:on the grounds of“unclear basic facts and insufficient evidence”,the“top sentence”of ten-year imprisonment decided in the first instance was overturned and the case was sent back for retrial.
Around 2012,the defendant Zhang XX was forced to borrow money from relatives and friends to complete the construction of the project for broken capital chain incurred by the local government's breach of promise.In 2015,someone intended to take part in this project,but was refused by Zhang,and then,he instructed other person to report the case to the public security organs,and the police filed and investigated Zhang for illegally pooling public deposits.
After accepting the commission and with careful analysis and research,lawyer Li Xiujuan believed that Zhang XX and his relatives and friends are in a normal private loan relationship,which should not be considered as a crime.To this end,a five-year tug of war between the defender and the public security organs,procuratorial organs and people's courts began.During this process,Li Xiujuan has repeatedly submitted lawyers’opinions that such conditions do not constitute a crime to the public security organs and procuratorate organs,and has repeatedly proposed changes in compulsory measures,review of the necessity of detention,and other lawyers’suggestions to safeguard the fairness and justice of the law.
In the first instance,the court found that Zhang XX had illegally absorbed more than 80 million public deposits and should be sentenced to a ten-year imprisonment.Under this disadvantageous conditions,Li Xiujuan did not give up her claim and continued to go all out to invest in the second instance.
In the second instance,based on the evidence,she pointed out that"the evidence collection procedure violates the law severely","such basic facts as identification of the existence of the borrowing facts,the amount of money and the use of funds are unclear"and"all lenders have recognized the relationships of relative and friends with Zhang XX,and the money involved in the case is all based on'one-to-one'borrowing."In court,Li Xiujuan argued with the public prosecutor strongly on just grounds.In the end,in front of clear facts and sufficient evidence,the prosecutor fully agreed with and supported the defense opinions,believed that the facts of Zhang XX pooling public deposits were unclear,and the evidence for this was insufficient,and proposed to send back for a retrial.The court of second instance finally adopted this opinion.So far,after five years of unremitting efforts,the case finally achieved a perfect staged victory.The defendant's family shed tears of excitement in court.
Regarding this case,Lawyer Li Xiujuan believes that this is the result of teamwork.In the early days when she took over the case,lawyer Zhao Xiaodong participated in the handling of the case,and during the later period of the first and second trials,lawyer Huang Kai assisted in handling the case.
Besides,she firmly believes that with the support of the Party Central Committee's policy of vigorously strengthening the protection of the personal rights of private entrepreneurs and the property rights of private enterprises,criminal defense lawyers shall use evidence and law as weapons,and dare to say no to so-called"special cases"and"ironclad cases"and urge the judiciary to deal with problems with thinking and methods of rule of law,effectively protect the legitimate rights and interests of private entrepreneurs,and safeguard social fairness and justice.