Recently, Mr. Xu Ying, Mr. Ma Lixi and Mr. Zhang Kai formed a team of lawyers to provide legal services for the case of Liu, the vice president of an asset company, suspected of illegally absorbing public deposits, and achieved good defense results under the team's collaborative efforts. At the time of the case, Liu was the vice president of an asset management company. The case alleges that the defendant Liu and others, in the name of an asset management company and many other companies, through dialing the phone, distribution of promotional materials and other means of publicity to the community, promising high returns on investment, to the public to raise funds totaling more than 2 billion yuan. Among them, Liu and his team personnel performance of more than 30 million yuan. In the end, the court sentenced Liu to free imprisonment for three years, suspended for three years. The team of lawyers achieved an effective defense, and the lawyers' defense work was highly evaluated and recognized by their clients.

The defendant faces the great risk of real punishment and the response plan of the lawyer team's probation defense

I. From the viewpoint of position and amount of money involved in the case, Liu faced a great risk of being sentenced to real punishment

(i) Long working hours and high position

Liu Mou joined the company in August 2012 and left in October 2018, more than six years. He successively served as sales manager, sales director, branch manager and vice president. As of the time of the company's crime, he had been working in the position of vice president for more than a year.

(ii) The company's overall non-absorption amount is particularly huge, and the team Liu belongs to is involved in a huge amount of money

Judicial accounting appraisal based on the reporting person material volume - total 210, as well as bank water and other materials, calculated the company's overall amount of more than 2 billion yuan, of which Liu belongs to the team performance of more than 3,000 million yuan.

From the perspective of judicial practice, such position and the amount of money involved, Liu Mou is indeed faced with the great possibility of being sentenced to more than three years of punishment and the application of the actual sentence.

Second, this case in the sentencing defense, realize the probation defense practice program

(A) the lawyer team according to the specific circumstances of the case, for the parties to choose not guilty or lesser included in the defense to provide reference basis

Lawyer team members have handled many illegal public deposit cases, according to the different circumstances of the specific case, will closely around the evidence in the case and the law, especially according to the judicial practice experience, for the defendant to choose not guilty or misdemeanor defense to provide a practical program for their reference. In this case, Liu finally chose to make a misdemeanor defense.

(B) the specific implementation of probation defense program

After the direction of the misdemeanor defense is determined, the lawyer team's defense goal is to apply probation. The following main defense ideas were put forward: the confirmation of team members of Liu's team and the verification and statistics of the amount of non-sorbent money involved in each member, with the intention of verifying and eliminating the non-team members and the performance of their own misattributed to the name of Liu's situation; the vice president of the position of the time of service, in particular, the specific content of the work and the degree of association of non-sorbent behavior; the negotiation of plea of guilty and punishment with the public prosecutor's office; the identification of the illegal proceeds and the proportion of the return of the illegal proceeds; the mitigating circumstances, mitigating circumstances; the presentation of family situation in court; optimizing Liu's performance in court through pre-trial counseling. Specification of the program from multiple perspectives and different dimensions, in order to achieve the goal of probation defense.

Effective defense at the stage of review and prosecution: the procuratorate adopted some of the lawyers' opinions and set out the recommendation for probation in the "Sentencing Recommendation".

This case is a plea bargaining case, in the review and prosecution stage, the defense lawyers and the prosecuting authorities for many times in the sentencing consultation. Consultation, we found that the lawyer is worried about the problem is also the contractor prosecutor's concern, long tenure, high position, the team non-abuse of large amounts, in the preliminary communication feel that probation there are huge difficulties. In order to persuade the prosecutor in the review and prosecution stage, do not let go of any stage of effective defense, the lawyer team internal discussion many times, the formation of detailed lawyer's opinion, submitted in writing to the procuratorate, and many times with the prosecutor to communicate.

First, liu is an accessory to the role of smaller

(A) Liu's company in the case of asset management company system is in a secondary position, only the sale of investment projects

Through the evidence analysis, it can be seen that Liu's company is only responsible for the sale of investment projects, project organization, planning, design, review to the final formation of the upstream company control; the relevant investment contract text by the upstream company to provide, signing; the project involved in the capital account, payment by the upstream company control. Liu's company is called an independent company, in fact, only play the role of a sales department.

(ii) Liu's low status and role in the company he worked for

From the number of vice president, the company has more than 10 vice president; From the service time, Liu served as vice president for more than 1 year; From the division of labor, Liu is mainly involved in part of the administrative management, not direct management of the sales business, and not specific implementation of sales tasks.

Second, Liu has surrender circumstances

Regrettably, this part of the opinion of the procuratorial organs did not recognize, in the "sentencing recommendations" is not reflected, but the circumstances were adopted by the court, as described below.

Third, Liu's attitude of pleading guilty and admitting punishment, active return of stolen goods, family situation, etc.

Eventually, at the stage of examination and prosecution, the procuratorial authorities adopted some of the lawyers' opinions, and determined that Liu was an accessory to the crime and should be given a lighter and less severe punishment, filed a public prosecution with the court, and explicitly recommended a three-year term of imprisonment and a fine in the Sentencing Recommendation, with probation applied.

The defense of surrender was adopted by the court

Although in the review and prosecution stage, the lawyer team fought for Liu to get a good sentencing recommendation, but the final discretion is still in the court. At the court stage, how can we further defend our client and fight for his rights and interests? The lawyer team decided to focus on the defense of the prosecuting authorities did not identify the circumstances of the surrender.

First, the indictment did not recognize Liu's surrender circumstances

The indictment did not recognize Liu's surrender, obviously the surrender will play an important role in the application of probation. Surrender need to have both the initiative to surrender and truthfully confess their main criminal facts two conditions, the indictment did not recognize the circumstances of Liu's surrender is obviously based on Liu is not the initiative to surrender.

Second, a detailed understanding of the case, find and confirm the fact of active surrender

(A) the file materials in the "arrival" and the actual situation does not match

The lawyer team after a detailed understanding of Liu's arrival situation, the file materials in the "arrival of the case" described in the content is inconsistent with the facts.

Liu claimed that when the police came to her place, she was not at home, and the police called her directly through her mother's cell phone, after which she quickly returned home to cooperate with the police investigation. Instead, the "arrival of the case" records that "the police rushed to the above address and seized the person. The police officers showed their documents at the scene, identified themselves and then questioned the person in accordance with the law."

(ii) The fact of active surrender was finally recognized by the court

Subsequently, Liu's mother produced a witness statement. At the same time in the trial, the lawyer team presented the process of Liu's arrival through the questioning session.

The legal team analyzed that Liu could have chosen to run away after receiving the call from the police, but she chose to come to the police of her own accord to cooperate with the investigation. Her behavior achieved the requirements and purpose of saving judicial resources, should be positively evaluated in sentencing, and should be recognized as active surrender according to the law. In the end, the verdict affirmed the fact that Liu Mou took the initiative to come to the case, combined with the return to the case has been truthfully confessed to the main facts of the crime, the circumstances of the surrender to be recognized.

Lawyer teamwork case, brainstorming for the defendant "escort"

Criminal cases can be divided into difficult and easy, but can never be divided into big and small. After all, behind every criminal case are carrying the defendant's freedom and even life, all need to defense lawyers seriously and seriously, cautious and cautious, thinking and thinking. As a result, the collaboration of the lawyer team is particularly important.

In the process of the case, the lawyer team members of the case involves the factual issues, legal arguments, procedural matters such as the handling of the problem, repeatedly, many times to communicate, and jointly study the solution, for the problems that may arise to discuss the plan and so on. Not only to be prepared, but also for LiuMou provide the whole criminal procedure process of security "escort".

Conclusion

An ideal judgment, need the joint efforts of many parties. The defense of this case to achieve the goal, absolutely inseparable from the public prosecution and the court case undertaker highly responsible work style; Liu in the trial on the facts of the issue of logical and clear expression, is the collegial tribunal accurately determine the facts of the case basis; lawyers team of every case are trying their best to prepare for the case as well as the professional use of legal ability is indispensable. In short, any legal, fair and reasonable handling of the case, are inseparable from the judicial organs, the defendant and the defense of their respective duties and responsibilities.