On the afternoon of June 9, 2023, Beijing King&Capital Law Firm held the 5th series of business training activities. With the theme of "defense strategy in active and passive bribery cases", the training took the form of "three-people talk", inviting Mr. Zang Desheng, criminal defense lawyer of King&Capital, former senior judge and doctor of law, Mr. Meng Fan, criminal defense lawyer of King&Capital, former senior prosecutor, and Mr. Xia Jun, senior partner of King&Capital, secretary-general of the Criminal Practice Research Society of Beijing Law Association and former senior prosecutor, to share their views on the topic. partner, secretary-general of the Criminal Practice Research Association of Beijing Law Association, and former senior prosecutor Mr. Xia Jun were invited to make a keynote speech. A total of more than 50 lawyers from inside and outside the firm attended the training.

Mr. Zang Desheng firstly spoke on the topic of "Analysis of Difficult Issues in Bribery Crimes", and combined with his own work experience, he shared three important and difficult issues in handling bribery cases. Mr. Zang pointed out that, with the deep implementation of the concept of "accepting and giving bribes together", active bribery is getting more and more attention, but the determination of the circumstances in which the bribe is solicited, the determination of attempted bribery, and the difference between individual and unit bribery are controversial in both theory and practice. Mr. Zang analyzes how lawyers should respond to these three types of problems from specific cases, and summarizes a number of practical ideas for defense.

Mr. Zang Desheng

Then, Mr. Meng Fan explained the criteria for the identification of "state officials" in practice under the title of "Practical Criteria for the Identification of Subjects of Functional Crimes". For the practice of the more controversial delegated state employees, she said, judicial practice to determine the "delegated state employees" subject status should be considered from the formal and substantive elements, "approved by the organization or research decision" and "engaged in organizing, leading, studying and deciding". The focus of the review is on "engaging in organization, leadership, supervision, operation and management", and the identification of "representative personnel" of state-funded enterprises as state employees requires that the work they are engaged in possesses the characteristics of representativeness and official duties at the same time.

Mr. Meng Fan

Subsequently, Mr. Xia Jun analyzed the difference between passive bribery and solicitation of bribes, how to determine the "use of the convenience of position" and how to determine the "seeking benefits for others" with the topic of "Analysis of difficulties in the defense of passive bribery". She analyzed the difference between passive bribery and solicitation of bribes, how to determine the "use of official convenience" and how to determine the "seeking benefits for others". In her view, in order to accurately distinguish between solicitation and general bribery, attention should be paid to the initiative of the request for a bribe and whether the bribed party exerted mental pressure on the bribe-giving party. In determining whether to "use the convenience of position" and "seek benefits for others", attention should be paid to whether the perpetrator has the convenience of position and whether the convenience of position is used to seek benefits for others in the context of the specific case. The act of "seeking benefits for others" includes the three stages of commitment, implementation and realization. If the perpetrator subjectively expresses the intention of seeking benefits for others, or objectively implements the act of seeking benefits for others, the act belongs to the act of "seeking benefits for others".

Mr. Xia Jun

The three guests took turns to comment on each other's speeches, discussing the difficulties and points in the defense of active and passive bribery cases, and different, from point to point, stimulating more thoughts on the defense of job crimes, and showing us a more three-dimensional map of job crimes from the different perspectives of the three sides of the "accusation, defense and adjudication".

Guests talk to each other

Finally, several lawyers asked the guests questions about the difficulties they encountered when handling cases, and the three guests answered them one by one. The training site atmosphere is warm, applause, in the collision of ideas put forward a lot of constructive suggestions. After the training, all the lawyers have said that the training content is full of theory and practice, harvested a lot of "dry goods", in the future to continue to strengthen learning, and constantly expand business knowledge, improve business capacity, in the "pursuit of excellence, not to be entrusted with" the road forward. In the future, we will continue to strengthen our learning, expand our business knowledge and refine our business ability, and move forward on the road of "pursuing excellence and fulfilling our responsibilities".