Recently, King&Capital Law Firm partner Xu Wei, agent of Z suspected of fraud, after effective communication with the procuratorial authorities, Z does not have the necessity of detention of the opinion was adopted, and finally get bail.
After meeting with the understanding, Z a company, the company mainly engaged in some kind of biotechnology products, Z a to expand sales, so find W a company for the promotion of the product, W a sales team will be set up to sell the product to many elderly people, and said that the product has some kind of efficacy. After the case, the investigating authorities believe that W's claim of efficacy is fabricated, W's implementation of fraudulent behavior of the elderly group, the social impact is bad. z and W's criminal detention, and later arrested.
When the lawyer intervened, Z had already been arrested. Due to the inability to read the file, the lawyer could only obtain limited information about the case through the meeting. The first meeting with the lawyer patiently listened to Z's defense, that there are several facts are more important, urgent need to be further confirmed: First, the product is exaggerated efficacy, or no efficacy? If only exaggerated efficacy, may not constitute fraud; Second, if the product does not have the claimed efficacy, Z whether the content of W publicity know? If not, then there is no criminal collusion, may not constitute fraud; Third, if there is evidence that the two have criminal collusion, but Z is not the initiator of the crime, the profit is relatively small, only production and provision of products, is it possible to be recognized as an accessory to a lighter sentence?
Because the product involved in the knowledge is too professional, the lawyer's first step is to understand the product involved in the situation, through the investigation, talk, access to information and a series of investigation work, the lawyer found that Z a company production qualification, production process standardization, advanced production equipment, the product involved in the case was used to improve the physical condition of the elderly before the crime, but the product can not be directly to the individual to provide only to the qualified institutions to provide. However, the product could not be provided directly to individuals, but only to qualified organizations. However, even so, the lawyer believed that as long as the product provided by Z did have the advertised efficacy, even if there were problems in the process of providing it, it did not constitute the crime of fraud.
Based on the above investigation, the lawyer drew up an application for review of the necessity of detention with the core content that Z may not constitute a crime, and submitted it to the procuratorial authorities. In the end, the investigating authorities did not transfer the case to the procuratorial authorities for review and prosecution, and the whole case was released on bail.
In the face of professional issues, lawyers in the spirit of seeking truth from facts to investigate, neither because of the arrest and discouragement, nor because of the party's defense and blind confidence, only according to the clues provided by the party, do a good job of basic investigation work, according to the results of the investigation to persuade the authorities, may be able to fight for the client to maximize the legitimate interests.
In this case, the case-handling authorities were also able to listen to the views of the defenders, and insisted on making decisions in a conscientious and responsible manner, seeking truth from facts, and the case ultimately yielded the desired results.
Translated with DeepL.com (free version)
