Recently, senior partners of King&Capital Law Firm, Mr. Zhang Yanfeng and Mr. Zheng Xian, represented the defense of a case of office crime. By actively performing the full range of defense duties before and during the trial, especially by accurately grasping the intensity of communication with both the prosecution and the trial, and maintaining a good exchange of views, the client was eventually granted a suspended sentence.

Case Background

The client in this case was of high rank, and his case was publicly notified by the website of the Central Commission for Discipline Inspection and the State Supervisory Commission and reprinted and reported by a number of mainstream media. The retention ended and the case entered the examination and prosecution stage after the lawyer formally intervened. When communicating with the lawyer, the client repeatedly expressed the hope that the lawyer would try his best to get a lighter sentence for him, hoping for a suspended sentence. The lawyer's initial judgment that, although he has the self-surrender, return of stolen goods and other mitigating and extenuating circumstances, but because of this case is the first in recent years the field of higher-level leaders involved in criminal, social impact, the amount of money involved in the case, resulting in sentencing recommendations and the final verdict is not clear.

Case handling

After the lawyer's formal intervention, the first time to the Procuratorate to read the file. After reading the file carefully sorted out the details of the case, and exchanged views with the prosecutor on the sentencing recommendations. The result is as expected, due to the complexity of the case, the prosecution does not agree with the lawyer's proposal of probation, the prosecutor said the amount is not good, the lawyer also put forward the amount of water, the prosecutor said they do not agree to reduce the amount. In the beginning of the unfavorable situation, the lawyer quickly determined the side of the "fight" while talking about the strategy, and strive to "part of the accusation of innocence, the whole case to reduce the sentence" of the defense idea.

In the "fight", the lawyer by refining and summarizing, will be unfavorable to our evidence one by one for authentication and exclusion; Favorable evidence and circumstances for more detailed reasoning and strengthening. For the case of "price determination conclusion" of the determination method and conclusion, put forward targeted objections, and access to new evidence, and at the same time commissioned a qualified assessment agency on the property price reassessment in order to confront the prosecution's price determination conclusion.

In the aspect of "talk", review and prosecution stage, the lawyer twice submitted opinion, for the self-surrender, surrender and other circumstances, from the self-surrender time and the initiative of surrender, explaining his attitude of guilty and repentance. In view of the facts of the case and the client's consistently good performance in his work over the years, he continued to exchange views with the organizing prosecutor. After entering the trial stage, the lawyer and many times communicated with the presiding judge, the defense ideas were focused on display, as far as possible before the trial, to provide more favorable views of the client.

In the end, the panel combined the facts, nature, circumstances and the degree of harm to society, according to law, the client was mitigated and sentenced to probation. The Prosecutor's Office also recognized the result and did not protest the case.

Case summary

In the job crime, the price determination conclusion often involves the key issue of conviction and sentence. Price determination process is cumbersome and price determination of the rigor of the conclusion, determines the determination of the staff in addition to skilled professional knowledge, but also to strictly follow the "Price Determination Regulations" and other rules and regulations and industry professional conduct. In practice, as a kind of "quasi appraisal opinion", the lawyer should increase its authenticity, legality, relevance of strict examination, timely detection of problems, put forward a reasonable question, to avoid being "coerced".

When handling the case, the lawyer should not just rush to fight, under the premise of ensuring that the interests of the parties to maximize, should maintain positive communication with all parties. With "calm, active, full" attitude, and strive to obtain the understanding and support of all parties. This case was eventually given a suspended sentence, which is the result of the court's strict application of the law and fair trial, and is an effective implementation of the criminal policy of "preventing those who are punished from being punished, treating those who are sick to save others and being lenient to those who are in need of help". It served as a model for subsequent cases and achieved the good effect of education and warning.