Recently, King & Captial Law Firm senior partner, director of the King & Captial Criminal Defense Research Center, Liang Yali handled a private enterprise in Hubei, the actual controller of Y was accused of organizing, leading the crime of triad society nature organization, forced transactions, provoking trouble, extortion, false litigation, fraudulent loans, loans, high-interest crime, the case, after the first trial, the second trial of the two sessions of the trial, the whole case according to the law, "remove black".

In this case, some of the alleged facts were changed to misdemeanors such as the crime of collecting illegal debts in accordance with Amendment (XI) to the Criminal Law at the stage of the first trial, and a number of crimes and facts identified at the first trial were reclassified at the stage of the second trial. Among them, the crime of organizing or leading a triad society and the crime of fraudulently obtaining a loan were both dealt with by acquittal, and the sentence was adjusted downward in the second trial, with remarkable defense effects.

Y a black case involving 12 defendants, prosecution accused of 7 crimes, dozens of facts, of which Y as the first defendant in this case, was the organizer of the triad organization, the leader of the public prosecution. Lawyers through careful reading of the file, many times to meet with the client and other groundwork, that the case in the absence of a violent injury, the prosecution of the alleged facts of the crime are around the civil debt disputes, in the evidence and the application of the law are problematic, and should not be characterized as a triad organization of criminal nature.

Defense lawyers, based on a large number of receipts, debit notes, fund schedules and other evidence in the case, combined with the evidence of the various dialects as well as interviews, sorted out the intricate debt relationship in the case, and proposed that the case did not essentially exceed the scope of the civil loan disputes, and that the defendant's personnel relationship was a parallel relationship of funds borrowing and lending rather than a superior and subordinate relationship between the leader and the led, that there was a real debt relationship with the victim in this case rather than an Illegal appropriation of property, and the case does not have a violent injury. Combined with the facts of the case and relevant legal provisions, it argued in detail that the case did not meet the four characteristics of organization, economy, behavior, and illegal control of the crime of triad nature organization. The court of second instance adopted the above defence arguments and quashed the first-instance judgement's finding that the defendant in this case was an organization of a triad nature.

With regard to the determination of individual crimes, this case coincided with the introduction and entry into force of Amendment (XI) to the Criminal Law prior to the trial, in which the new crime of collecting illegal debts and the revision of the constituent elements of the crime of fraudulently obtaining a loan were applied in this case.

First of all, in the defense opinions of the first and second instance, the defense lawyers emphasized that the allegations of provocations in this case were in line with the constituent elements of the crime of collecting illegal debts, and that according to the principle of mitigating old age, it should be punished as a misdemeanor. This defense view was adopted by the court of first instance, which legally recognized all the alleged crimes of provocation and harassment as crimes of collecting illegal debts, which to a certain extent reduced the expected penalties. Secondly, in response to the facts of multiple fraudulent loans charged by the prosecution, there was evidence proving that a number of loans had been settled on schedule, and some of the loans had not yet matured and were secured by real and sufficient mortgages, which did not have the resultant elements of the crime of fraudulently obtaining loans. The second trial judgment adopts the above defense, that the crime of obtaining loans by deception is not established. Again, for the heavier penalty of extortion, defense lawyers through the organization of the evidence in the case, put forward a number of extortion facts can not be established, and a number of forced transactions, collection of illegal debt charges and extortion is really a duplication of evaluation, the court of second instance adopted part of the defense, three of the facts were changed to determine the crime of collection of illegal debt, and only one of the facts of the first instance verdict on the determination of the crime of extortion. The second trial court adopted some of the defense opinions and changed three of the facts to find the crime of collection of illegal debts, and only one of the facts maintained the first trial judgment's finding of extortion. Finally, against the charge of false litigation, the defense attorney, through combing the evidence in the case and the evidence materials submitted to the trial, proved that a number of lawsuits are based on real debts and have been through a number of civil trial procedures, and there are already effective judgment documents, which do not belong to false litigation. The court of second instance adopted some of the defense opinions, two of them that the original judgment found the facts to be unclear, insufficient evidence, does not constitute the crime of false litigation.

This case is due to the private lending disputes with each other to report the criminal case, money lending evidence and facts are intricate and complex, Liang Yali lawyer through its professional and meticulous defense, according to the law for the parties to fight for a lighter sentence, safeguard the parties and their families of the lawful rights and interests of property, the parties and their families are Liang Yali lawyer's work to express affirmation and thanks. At the same time, the trial staff to the facts as the basis, to the law as a guideline, the defense of the facts, evidence and legal application issues to be concerned about, and partially adopted the defense point of view, more reflect the judicial staff to guard the fairness and justice of the bear.