Recently, Peng Jiyue lawyers team agency of a province well-known entrepreneurs, the province's top ten outstanding young people job misappropriation case (involving more than 300 million yuan), in the case of the original verdict of ten years of imprisonment, after appealing the original verdict is reversed, the retrial to change the sentence of innocence.

First, the behavior of trying to save the enterprise is now charged with an alleged crime

The defendant has been working in the shopping mall for many years and has achieved a lot. A few years ago, after being introduced, the defendant invested in a company A which was planning to go public. Unexpectedly, tens of millions of investment money just played over not long, the boss of the company A surprisingly disappeared, no news. The people saw the letter left behind by the letter to learn, the boss originally owed a huge gambling debt, unable to return, can only "light life".

With the boss's disappearance, the defendant's investment money is about to be lost. At the same time, company A is also in a critical situation, breeding seafood is also the debtor salvage, hundreds of employees face unemployment. At this time, the shareholders took into account the defendant's ability and achievements in business operations, and after careful consideration unanimously elected the defendant as the new chairman of the board of directors of Company A to resume operations. After taking over the company, in order to differentiate from Company A and get rid of the burden, the Defendant and the company's management specifically set up a separate Company B, which was reopened on the basis of utilizing Company A's original resources. Nearly ten years, the defendant vigorously for the company "blood transfusion": repay a large number of loans, invested a lot of money, but also the use of the company's original plant and equipment and seabed resources as a means of production and profit, it can be said to have devoted their efforts. Today, many years later, the defendant in the court recalled the scene still can not restrain the excitement, shouting: "Chinese entrepreneurs, only business, no home!"

Second, the defense started from the first time to see the judge

The case alleges four facts of job misappropriation, involving more than 300 million yuan:

Fact 1: the defendant in order to restore the production and business activities of Company A, the company plant and equipment for large-scale renovation, remodeling, due to the company's limited economic capacity, in order to save costs, the defendant contacted his own relatives of the construction company to carry out the construction. The Public Prosecution alleged that the Defendant misrepresented the amount of the construction work in the process, thus indirectly misappropriating the company's funds.

Fact 2: The Defendant fictionalized the inventory report of Company A's seabed cultures and intentionally lowered the quantity of seabed cultures, which were purchased at a low price by Company B and then sold.

Fact 3: The Defendant leased Company A's plant and equipment to Company B at a low price, and the Public Prosecution held that the difference in rental price belonged to the Defendant's misappropriated benefits.

Fact 4: The Defendant fictionalized Company A's external procurement business and instructed the financial staff to form a false account of Company A's borrowing from the Defendant's other affiliates, misappropriating Company A's funds.

The above facts, based solely on the prosecution's thinking seem to have little problem in establishing the crime. But in the defendant's own words: "I took over company A when it is an empty shell, what is there to misappropriation? I painstakingly operated for nearly ten years, invested more than tens of millions of funds, in the end who is appropriating who?"

Yes, it is important to study the case within the case file, and even more important to study the case outside the case file. Fragmented facts can be misleading, and it is important for the defense to have an eye that looks at the whole case in context. This case from the fragmentary point of view, there may be property "transfer of possession", in line with the appearance of the crime of misappropriation, but from the overall point of view, the defendant, whether it is the resources of Company A or the new investment in Company B, all for the production and management, in order to revitalize the business, did not take possession of his own.

In order to avoid making the trial into the "preconceived" idea of guilt, the defense in the case of retrial filed a rapid appointment with the judge. In view of the significant impact of the case, the President of the Court personally presided over the trial. The defense has communicated with the presiding judge many times before the trial, so that he gradually familiarized with the full picture of the facts of the case, in order to be able to really find out the case in the courtroom to pave the way. Defense, many times not only when the court hearing "cooking oil", but also need to pre-trial process of "slow cooking".

Third, the real effective defense, reading + court defense may not be enough!

I read in a book written by a senior judge: a case there is no problem, investigators may be clearer than the prosecutor, judge and defense lawyers, because investigators are directly involved in the process of evidence formation.

Indeed, in the criminal procedure model of file doctrine, prosecutors, judges and defense lawyers access to case information is mainly the medium of "file material", but this is essentially second-hand information after screening and processing. For the formation of the case file process, each transcript how to make, each piece of evidence how to retrieve, each piece of evidence how to transfer ......, this information we often have no way to participate and understand.

Therefore, as a defense work, only the object of our work is understood as the case file, only through the reading of the file and the court defense, for the really difficult and challenging cases, may be far from enough to do an effective defense. Therefore, in the course of this case, the defense team also carried out a lot of work outside the court. On the one hand, many times and the contractor judge to communicate, gradually "penetrate" the defense point of view, so that the judge understands all the facts of the case; on the other hand, for the identification of the amount of work involved in a large number of illegal issues, the relevant personnel to investigate and obtain evidence, and successfully strive for witnesses to appear in court; once again, for the case of suspected illegal handling of individual personnel, criminal means of meddling in economic disputes. Again, for the case suspected of individual personnel illegal handling of the case, criminal means of meddling in economic disputes, the defense team to the Provincial Procuratorate, the Supreme People's Procuratorate, and other departments to reflect and charge.

Defense work is like polishing works of art, there is no upper limit to the pursuit of the ideal state, there is a slight chance to make the work perfect one more point.

Fourth, the judicial officers who adhere to the rule of law, to support not only the life of the defendant, but also our trust in the rule of law

Fair trial results, inseparable from the courage and commitment of judicial officers. The judicial system does not lack good technology, strong professional people, but may be more need to have the courage to bear the people. Although the case for the provincial public security department supervised cases, involving a number of facts, the amount involved in more than 300 million yuan, as far as the eye can see this may be one of the largest amount of the crime of misappropriation of the grass-roots courts across the country, but the collegiality of the court can be realistic, abide by the law, adhere to the standard of evidence, according to the law of the verdict of acquittal, not only reflects the high level of professionalism, and embodies the trial of the courage and commitment.

It is our judicial system has such a group of professional and responsible personnel, which makes us constantly firm confidence in the rule of law in the country, which makes us in the difficult road ahead repeatedly feel the light and warmth, which makes us see hope in the road ahead!