Recently, King&Capital law firm Peng Jiyue, Feng Wang lawyers defense of an IT company executives suspected of non-state staff bribery case came to an end. The case lasted several years, the client was detained for 37 days and then successfully released on bail pending trial, the defense twice successfully persuaded the Procuratorate not to approve the arrest, the investigating authorities eventually withdrew the case, and the client regained his innocence!
Reporter transitioned to become a well-known IT enterprise division director, career development is smooth when suddenly taken away by the police!
Wang Mou was originally an excellent reporter, after the successful transition to join a head search engine company in China, all the way to work as a career department director. It can be said that Wang Mou led a very favorable life script, young, career boom. Just before the murder, Wang's department is also planning to make personnel adjustments, ready to Wang again promotion and salary increase, her good life of the next page to come out.
However, the police suddenly came knocking on the door, the smooth life came to an abrupt end. Originally, the company's disciplinary department received a report from the company's employees, Wang Mou is suspected of accepting commercial bribes in the process of business dealings with the company's customers, has been suspected of bribery of non-state workers.
Detention center days like years, fearful, all hope on the lawyer!
Wang was soon sent to the detention center. In the face of police interrogation, Wang realized that the so-called "bribery" is mainly in the process of their work and the economic transactions of several cooperative companies. In the day-to-day work, the company involved in entertaining customers, gifts, team building and other aspects of the expenses, under normal circumstances need to go through the company reimbursement process, but for the convenience of the work of the considerations, as well as some of the dilemmas of the expenses listed, there will often be a personal advance expenses, fees and other circumstances occurring on behalf of the receipt of the payment of the expenses. According to Wang informed that the phenomenon is not a department unique situation, we have been commonplace in the work, who did not care that this constitutes a crime.
Wang believes that these costs are for work needs to collect or expenditures, he did not intercept any money from it. However, how can they say it clearly? On the one hand, several years like hemp accounts, how to find favorable evidence? On the other hand, professional legal concepts and their own simple understanding of the gap, how can you professionally argue that he does not constitute a crime? Furthermore, Wang Mou in the detention center lost contact with the outside world, elderly parents suddenly can not contact their own, do not know the original reason, must be anxious ......
Under these circumstances, Wang put all her hopes on a lawyer. She prayed that her family would be able to hire a professional criminal defense lawyer for him. During her days in the detention center, what she looked forward to most every day was to have a lawyer to meet with her.
Should she "plead guilty and accept the punishment" in order to gain her freedom soon? Or do you insist on "not letting your soul bow down"? Tough times, lawyers should have a role to play
Wang's parents are in this kind of anxious situation entrusted King&Capital lawyers. After the meeting, the defense lawyer to understand the case, and according to the clues provided by Wang began to collect evidence, drafting legal advice.
The defense believes that this is only a financial operation irregularity, and does not constitute the crime of passive bribery of non-state workers. This crime also belongs to a bribery offense, the establishment of such crimes, necessarily require the formation of "power and money transactions". In this case, on the one hand, although wang mou through his personal account to receive part of the money, but basically can explain the reason, personal did not profit from it; On the other hand, wang mou also did not use the convenience of his position for the cooperation of the company to seek any benefits. Reasonably speaking, Wang's account to receive funds often have zero and whole, obviously have specific consumption items, does not meet the appearance of accepting bribes. The defense also concluded from the objective law of commercial behavior that the market commercial behavior itself has flexibility and complexity, can not be measured by sterile standards of commercial behavior, the world is not black and white, even if the expediency of some cases is not strictly in line with the norms, but it does not mean that it constitutes a crime.
The defense has repeatedly expressed its opinion to the public security authorities and applied for supervision by the Procuratorate. However, there were not many echoes in a short period of time. With the passage of time, the parties and their families are more and more uneasy, coupled with the complexity of the surrounding environment, the parties continue to come from the false news, more so that they are at a loss. At this time there is news, as long as Wang Mou pleaded guilty to punishment can be released on bail pending trial. This is a great temptation to the person and his family, sometimes people lose their freedom for a long time, will not wait to return to freedom, everything else is not important. Although Wang believed that he was not guilty, but also revealed the meaning of compromise. Even Wang's parents also think, in order to the child out as soon as possible, can also accept the plea of guilty and punishment, as for the fact itself whether the criminal composition, that is a matter for later. Or, now as long as the "big thing is small", as to whether the "small thing is small", don't care so much.
On the one hand, they think they are not guilty, on the one hand, but also want to pick one or two not too small things "guilty", in order to get freedom early, often the person and his family's confusion, but also lawyers often encountered in the case of the problem. The lawyer in this case according to the case experience, in this key point showed great rationality and calm. Question: who can guarantee that the plea of guilty will be able to get bail pending trial? On the contrary, plea bargaining will make the evidence more conclusive. To take a step back, after pleading guilty and accepting punishment, even if the bail pending trial or even sentenced to probation, will leave the person concerned with the stigma of a criminal record, and whether it is acceptable. Moreover, to admit or not to admit, should be based on facts, realistic. If guilty, can not be used as an opportunity for speculation; If not guilty, should not be "on their knees begging for freedom"!
Defense lawyers should of course respect the client's opinion, but in the professional issues, should also be based on legal knowledge and experience in handling the case to put forward an independent opinion, which is also the embodiment of the value of defense lawyers.
The investigating authorities twice to approve the arrest, defense lawyers twice to convince the Procuratorate not to approve the arrest, the defense work step by step, every second counts!
The client and his family finally listened to the lawyer's advice, faithful to the facts, refused to plead guilty to punishment against their will. Time is quickly approaching the last day of the detention period, the public security organs to the procuratorate for approval of arrest. If the procuratorate approves the arrest, it means that the procuratorate believes that the evidence of the alleged crime is more solid, and the client will be kept in custody until the complete proceedings. Therefore, the defense of the review and approval of arrest is an important strategic line of defense.
King&Capital lawyers first time to find the contractor prosecutor, submitted to the detailed defense opinions, and many times to communicate, expressed the view that this case does not constitute a crime. Review and approval of the deadline is 7 days, until the last day still no news. Finally, in the last day at about 10:00 pm, the defense got the news from the authorities, the Procuratorate decided not to approve the arrest, Wang Mou was immediately released on bail pending trial, after losing her freedom for 37 days, she finally walked out of the detention center!
Pending trial on bail is only a change of compulsory measures, not the final conclusion of the case. According to the provisions of the law, the parties to the bail pending trial, the investigating authorities can also continue to investigate. In the blink of an eye, the one-year period of release on bail pending trial has arrived. Generally speaking, if there are no new facts and evidence to prove that the person concerned is suspected of committing a crime, the compulsory measures should be lifted.
However, on the eve of the expiration of the bail period, the public security organs unexpectedly to the procuratorate again to apply for arrest, the client's heart and throat. Defense lawyers do not dare to slacken off, urgent communication with the client, once again combed through the evidence to prove his innocence. On this basis, the defense lawyer formed a more perfect and solid legal opinion, submitted to the prosecutor.
The work of the Procuratorate finally decided not to arrest for the second time, the client avoided the fate of being behind bars again.
The duty of the defender is to turn your firm belief in the innocence of the client into a firm belief for the judicial officers.
A year after Wang was released from the coercive measures, the investigating authorities still could not prove that the case met the conditions for transferring the case for examination and prosecution, and finally decided to withdraw the case. At this point, wang mou has completely no longer belong to the legal sense of the "criminal suspect", finally get clean and free.
Review of this case, this is just a defense lawyer career in a common case, the case is not significant and complex, the facts are not said to be bizarre twists and turns. But as in other cases, this case on the defense of the test of faith, the courage of the refining, the test of responsibility is not less. In the face of the party intends to plead guilty to the idea of punishment, as a defender, is the choice of acquiescence or insist? Perhaps when you choose to plead guilty and accept punishment, the person will really suffer less days in prison, but may be a lifetime will have a breath of pent-up chest can not be free.
The defense of criminal cases, many times is the fight of faith. The strength of the defense from the power of conviction, defense attorneys face the facts and evidence, will be injected into the heart, will be injected into the pursuit of justice, condensed into an unshakable inner conviction, in order to be able to form a sufficient to shake the others of the aura, in order to their own conviction into the conviction of the judicial officers!
