Recently,thanks to the efforts of lawyer Xia Jun,a partner of King&Capital Law Firm,Party A’s legal representative surnamed Suo regained liberty and his legitimate rights and interests were effectively safeguarded,after the procuratorial authority decided not to prosecute him in a contract fraud case.
When Suo’s family member entrusted Lawyer Xia Jun to defend the case,only 20 days were left before the deadline for the review and prosecution of the case.As the amount,RMB 4 million,was particularly large,Suo faced a potential sentence of more than 10 years.So the case was at a critical moment:whether the procuratorial authority would"prosecute or not".The client’s entrusting Lawyer Xia Jun at this juncture undoubtedly reflected their deep expectations for and trust in the professionalism of King&Capital’s lawyers.
The lawyer repeatedly and thoroughly read the case files and identified the right course of defense
There were many case files,including many complex documentary materials needing to be studied in depth,so the task of reading the files was heavy.After accepting the case,Lawyer Xia Jun worked overtime for several days.He carefully read the files,wrote more than 100 pages of notes,extensively compared evidence,and compiled evidence comparison tables,character relationship charts,fact flow charts,and a number of maps based on time,types,and other aspects.Through extensive study and repeated comparison of the case files,the lawyer had clear defense strategy and ideas.Xia Jun came to this conclusion:The facts of the case were unclear,the evidence was insufficient,and the disputes arising from the execution and performance of the contract between Enterprise A and Enterprise B were civil disputes and shall not constitute the crime of contract fraud.Therefore,Lawyer Xia Jun decided to apply to the procuratorial authority for non-prosecution.
The lawyer put forward comprehensive,objective,justifiable and well-founded defense arguments
Based on the full case file review and the information obtained during the meeting with the client,the most urgent task then was to write a justifiable,well-founded,objective and comprehensive application to the procuratorial authority for non-prosecution.
From four perspectives,Lawyer Xia Jun elaborated why Suo’s act did not constitute a contract fraud.Firstly,judging from the objective elements,the case did not fall under any of the five circumstances constituting a contract fraud,because Enterprise A did not fabricate facts,conceal truths,or defraud the other party of large-amount of properties or funds during its signing and performing the contract with Enterprise B.Secondly,Suo did not have the subjective intent to illegally acquire the other party’s properties.Considering the specific circumstances of the case,Lawyer Xia Jun elaborated the following aspects:the actor’s performance ability and authenticity of collaterals/guarantees when signing the contract,whether there were actual acts to perform the contract,the disposal of properties,the reasons for failure to perform the contract,the acts after breach of contract,etc.Accordingly,the lawyer then pointed out that Suo had no subjective intent to illegally acquire the other party’s properties.Thirdly,the lawyer deemed that the disputes between Enterprise A and Enterprise B were civil disputes,shall be governed by the civil law,and shall not be treated as a criminal case.As per the relevant laws,the state has always stressed the protection of entrepreneurs’individual liberty and property rights in accordance with the law;in dealing with contract disputes and other cases in practice,it is essential to strictly distinguish between contract fraud and contract breach or debt disputes,and to prevent the use of criminal means to interfere with economic disputes.This case exactly fell under this situation.Finally,the existing evidence in this case was obviously insufficient and could not form a complete chain of proof as the key evidence was missing,the testimonies of several key persons involved in the case were in conflict,and the evidence in the case did not reach the criteria for conclusiveness or sufficiency.Therefore,Lawyer Xia Jun deemed that there were no clear facts or sufficient evidence to support the claim that Suo committed the crime of contract fraud,because he neither had the subjective intent to illegally acquire the other party's properties,nor fabricated facts,concealed truths,or defrauded the other party of large-amount of properties or funds during the signing and performance of the contract.Lawyer Xia Jun wrote comprehensive,objective,justifiable and well-founded defense arguments of nearly 30 pages.
King&Capital’s lawyer lived up to the expectations despite the tight schedule and the heavy workload
Lawyer Xia Jun submitted the application for non-prosecution to the procuratorial authority.After communication,the procuratorial authority accepted the lawyer's defense opinions,agreed that the case did not have clear facts or sufficient evidence,and finally decided not to prosecute Suo.It took only 20 days from the lawyer’s accepting the entrustment to the procuratorial authority’s deciding not to prosecute Suo.Despite the tight schedule,the heavy workload,and the huge pressure,Lawyer Xia Jun did his best to safeguard the client’s legitimate rights and interests according to the law,and strove to defend the client"in a professional,precise and comprehensive manner",so that the client was not prosecuted.
The state has always been advocating the protection of entrepreneurs’individual liberty and property rights in accordance with the law,and preventing the use of criminal means to interfere with economic disputes.The most gratifying thing is that the procuratorial authority finally decided not to prosecute Suo,so that the detained entrepreneur regained liberty,his legitimate rights and interests were effectively safeguarded,and the enterprise could continue to operate.
This case is another contract fraud case successfully handled by Lawyer Xia Jun.King&Capital lawyer’s"professional,efficient,responsible"defense and work have been highly recognized by the client.King&Capital’s lawyer once again lived up to the expectations!