Recently, under the leadership of Li Xiujuan, a number of outstanding lawyers from King&Capital to form a criminal defense team to represent a province's key criminal syndicate cases involving evil forces, after the first trial, the second trial (protest), remanded for retrial, retrial, the second trial, and ultimately obtained a number of defendants, "the evil forces," all " Hats off", substantial reduction of sentence, to avoid hundreds of millions of dollars of economic losses of the significant results of the defense. Effectively safeguard the legitimate rights and interests of the parties, highlighting the King&Capital criminal defense lawyer's professionalism and dedication.
First, the army is precious and speedy, the epidemic ravaged every second to fight!
The case is 2020 national "fight black and eliminate evil" special action period, by a southern province as a key "evil force group crime" major cases. The company's legal representative, headed by the company's middle management and above, was suddenly taken away by the public security to investigate, which paralyzed the company's management and made it difficult to obtain information about the case. Due to the lack of information during the investigation and the company's lack of understanding of the legal process, the case was not referred to a lawyer until the last moment of the review and prosecution. Facing the unfavorable situation of time constraints and the uncertainty brought by the epidemic, Li Xiujuan went to the place of the case on the same day she communicated with her client and urgently convened the firm's elite force to form a defense team with the participation of the middle and backbone of the firm and the new lawyers.
At that time, there was an epidemic outbreak in Beijing, and it was risky to be quarantined for 14 days when traveling to the place to handle the case. Liu Lijie, Xiang Shujing, Zhang Denglong, Li Zhiguang, Huang Kai and other lawyers resolutely took the risk to embark on the journey. Finally rushed to the prosecutor's office on the last day of review and prosecution, successfully completed the reading of documents. For the subsequent defense work to gain valuable time.
Second, such as the grinding, difficult cases under the in-depth study
In the face of the many people involved in the case, involving many crimes, hundreds of evidence of the complexity of the situation, the lawyer team in the urgent time and under great pressure, unity, division of labor, overtime, to carry out a detailed and comprehensive reading and research and analysis of the work. During the period, Liu Lijie lawyers many times to and from Beijing and the case, in a timely manner on the supplementary investigation of the evidence material to take pictures of the reading, and on the forced trade, mobbing, self-surrender and other issues put forward the views; Xiang Shujing, Zhang Denglong lawyers stationed at the party unit for days, to help the company sort out the accounts, find favorable evidence clues, and on the extortion, accessory to the determination of the problem put forward the views; Li Zhiguang, Huang Kai lawyers for several consecutive days To the court, carefully and meticulously watch the case synchronous audio-visual recording, and will be suspected of illegal and interrogation video and transcripts of the contradictory points recorded one by one, on the exclusion of illegal evidence and other issues to put forward the views.
After carefully combing the evidence of the case, the team members, combined with their respective responsibility for the defendant's involvement in the case, carried out theoretical research and practical analysis on the characterization of the criminal group of evil forces, whether it constitutes the various crimes and other issues, and on the basis of their own full reading of the file and understanding of the case, they formed a specialized research results and formulated an effective defense plan.
In addition, for the key evidence in the case - judicial accounting appraisal, Li Xiujuan led Huang Kai to travel to foreign provinces and cities, consulting senior experts in the field of judicial accounting appraisal to give intellectual support, and on the basis of scientific argumentation, formulated detailed examination and questioning syllabus. Successful application for expert witnesses to express their views, laying a solid foundation for the trial defense.
Third, teamwork, professional cooperation under unfavorable conditions
During the court hearing, the defense team fully carry forward the spirit of collaboration, to overcome the difficulties and unfavorable situation, in the first trial, second trial, re-trial, re-trial hearing, have obtained excellent defense results, the panel and the parties, the company's employees and the families of the high praise.
First, adhere to the law and effective defense, with "professional to persuade professional". Whether in the first trial, second trial or retrial stage, the defense team of lawyers argued with reason. In the pre-trial meeting and trial process of illegal evidence exclusion issues adhere to the voice of the law; repeatedly asked the panel to strictly in accordance with the "two high and two ministries" of the legal opinions on the characterization of the problem of evil forces review; in the extremely harsh external environment, the courage to obtain evidence, good at obtaining evidence, exhaust all the legal means to find breakthrough for the case; in the factual evidence and legal application, defend the bottom line. and the application of the law, defending the bottom line, digging deep into the details, from the handprints, signatures, witnesses, photo comparisons, self-surrender determination, the standardized guidelines for sentencing and other details, for the parties to strive for innocence, misdemeanor or property sentence in a number of statutory and discretionary circumstances, to maximize the maintenance of the legitimate rights and interests of the parties.
Second, the court inside and outside the full range of in-depth communication. The defenders went to the court and the prosecutor's office several times to have in-depth discussions and exchanges with the judges of the panel and the prosecutor of the prosecution on the key issues of the case from different perspectives, and did their best to help the court and the prosecutor's office to fully understand the case and strive to reach a consensus on the determination of facts and application of the law through the use of methods such as large-data analysis, visual charts, comparative demonstrations, and case references.
Thirdly, we actively utilize the advantages of teamwork. In the face of the news media online reports, "voice more", the trial comb focus on issues such as public opinion pressure and "soldiers are not always, the water is not always shape" uncertainty, the team lawyers calm, calm response, all-round, the whole process of preparation, so that "No dead corner", do not fight the battle of uncertainty. In the pre-trial meeting, reading, visit, on the basis of deep plowing; Trial around the core content of the conviction and sentence and the focus of the problem, targeted exposition and response, mutual cooperation, useful supplement; Trial and then submit dozens of legal theory, the facts of the written opinions and provide a large number of guiding cases. Obtained an effective defense effect.
Fourth, give full play to their professional expertise. The lawyer team has high education, strong professionalism, rich experience, respect for law and virtue and other characteristics. Among them with master's degree in law, doctoral degree lawyers amounted to more than 90%, all by the university legal education, discipline inspection and supervision, courts, procuratorates and public security departments and engaged in the criminal defense of many years of work experience, business backbone. The lawyers give full play to their own professional advantages, from the investigation, review and prosecution procedure legality, the appropriateness of the conviction and sentence, criminal law theory forward-looking, criminal defense practice experience and other multi-angle, all-round defense work, highlighting the King&Capital criminal defense lawyers of both quality and professional skills. In the joint efforts of the defense team, for the case of two successive evil forces "hat" opened a good situation.
In the end, after three years of fierce battles and tough perseverance, the court adopted the main points of the defense lawyers. In the late fall of 2022, we ushered in the final judgment - the case does not constitute the characterization of the criminal group of the evil forces and the parties involved in the substantial reduction of sentence and to avoid hundreds of millions of dollars of economic losses. The legal rights and economic interests of the parties and the company were preserved to the maximum extent possible. The case has created a rare classic jurisprudence in the country that key cases involving black and evil have been given two successive "hatchet" judgments.
"The road is blocked and long, but the line will be reached." The successful defense of this case represents King&Capital's twenty-seven years of criminal defense spirit heritage, reflecting King&Capital criminal defense lawyers' firm belief in the rule of law, unchanging faith in fairness and justice, and unremitting pursuit of the art of trial and defense skills!
