I. the case began in the food system inspection

 

In October 2021, the grain system inspection found that a city large rice company (hereinafter referred to as "the company") there are insufficient reserves of grain, then, the local public security to contract fraud on the company's legal person LiMou criminal detention.

 

II. the lawyer intervention, fully understand the case

 

In October, is the autumn harvest grain reserve period, the legal person was detained seriously affect the company's fall grain collection work. Family members eager to find the Kyoto lawyer Li Zhiguang, Li lawyer in the preliminary understanding of the case, and Zhang Lu Yue lawyer team, immediately to the company to understand the situation. Li lawyer, Zhang lawyer on the company's history, business model, past contracts and warehouse grain reserves, etc. Comprehensive comb. The two lawyers learned that, at that time in the autumn harvest during the grain, coupled with the company had been in the epidemic temporary processing a large number of finished grain to ensure the supply of food, resulting in a temporary grain reserves in the warehouse is insufficient.

 

III. crime and non-crime, adhere to the defense point of view

 

The two lawyers analyzed that, the company and the cooperation unit signed the "finished grain dynamic reserve agreement" has made clear the liability of the grain can not be in place as scheduled, and the company's autumn grain collection activities are being carried out in an orderly manner, the autumn harvest is carried out smoothly, the grain reserves are sufficient to cover the dynamic storage volume agreed in the "finished grain dynamic reserve agreement", the company is fully equipped to perform the contract capacity. And Li did not have the subjective purpose of illegally occupying the grain storage fee from the beginning to the end, nor did he have the objective behavior of fictitious facts and concealing the truth, which did not constitute the crime of contract fraud.

 

In the above conclusion, the two lawyers actively communicate with the case unit, and synchronized to the procuratorate to submit the "not approved legal opinion", the facts of the case with the prosecutor to exchange views. One month after Li's arrest, the two lawyers again submitted to the Procuratorate, "the necessity of detention review application", for Li to obtain bail pending trial.

 

IV. Actively reflecting and guaranteeing meetings in accordance with the law

 

Li mou isolation period, the detention center told because the local discipline inspection commission issued a red-tip document, do not allow lawyers to meet, at this time the family also did not receive the commission's retention notice. In the face of not being able to meet, no way to know the case handler's situation, two lawyers will be related to the case of legal advice and restrictions on meeting the situation for combing, has repeatedly to the local discipline inspection commission, the higher discipline inspection commission for reflecting the situation, and request to protect the lawyer's right to meet in accordance with the law. Discipline Inspection and Supervision Commission, the staff of the letter and visit office after learning of the above situation, and actively help to coordinate the implementation.

 

V. Striving with all efforts to safeguard the legitimate rights and interests of the client

 

In early March 2022, defense lawyers from the factual aspects of the case (Li does not constitute a crime), the procedural aspects of the case (restrictions on lawyers to meet), Li himself (no social harm) and the protection of the legitimate rights and interests of private entrepreneurs, adhere to the criminal policy of fewer arrests, cautious prosecution, cautious detention, and other aspects of the legal advice, to alleviate the pressure of handling the case as an opportunity to once again apply for a bail on Li, and synchronized to submit to the Discipline Inspection and Supervision Commission. On March 22, 2022, the case handling unit made a decision to release Li on bail pending trial, and Li was released to go home on the same day.

 

Summary

 

As Mr. Tian Wenchang said, "Lawyers must have a sense of responsibility", and the significance of the existence of lawyers lies in ensuring procedural and substantive justice in cases. Skillful use of legal provisions and policies, make every effort to protect the legitimate rights and interests of the client, in order to live up to the trust of the client.

 

In the case of unlawful, unreasonable situation, to be active, positive, continuous, justified reflection, until the legitimate rights and interests can be safeguarded, reasonable demand for support. An application without results, a kind of application without results, are not the end of the line, every communication with the case as a starting point, continuous, accurate and timely legal advice at that stage, with facts and evidence to make the case accept the lawyer's point of view.