King&Capital law firm Liu Chang, Cai Kangmiao lawyers on behalf of a fraud case, in several meetings with the client to reproduce the facts of the case immediately from the subjective and objective combination of multi-dimensional elaboration of this case does not constitute a crime of fraud and the submission of the application for bail and awaiting trial and not to be arrested, successfully for the party not to be arrested and awaiting trial on bail to achieve a good defense effect.
First, we met with the suspect Mr. W for several times, and the process of the case was reproduced under the core questions of the lawyer, and found that Mr. W's "fraud is not established".
Mr. W and the "victim" Ms. H, there are a lot of money exchanges, the "victim" that the funds transferred to Mr. W in the name of investment funds for fraud. After the intervention of the lawyer, from Mr. W has the corresponding contract performance ability, whether the possession of property used for business activities, whether the dispute after the occurrence of disputes with the active settlement of disputes and make up for the loss of the willingness to make a comprehensive analysis, and found that part of the so-called "investment money" is actually a loan, that Mr. W does not constitute fraud.
Appeasing the suspect's relatives and submitting an application for bail pending trial as soon as possible
Mr. W's family was anxious to know that Mr. W was arrested, frequently and repeatedly to the lawyer put forward a variety of substantive and procedural issues, the lawyer in the appeasement of their emotions, patience to the family analysis of the law and interpretation of reasoning; at the same time, from the point of view of Mr. W's investment strength, indeed occurring business and Mr. W actively repayment and other perspectives in the application for release from custody, whether it is determined that the angle of investment or borrowing, Mr. W did not reflect objective fraudulent behavior and subjective willingness to fraud. Behavior and subjective willingness to defraud, should be released on bail.
Third, the case is in the National Day holiday, the lawyer stuck to the deadline, timely submission of the opinion of not arrested
Mr. W is 2023 at the end of August was criminal detention, so the key seven days to review and approve the arrest period is in the national day period, the lawyer in accordance with the past experience in handling cases know the public security organs will be in the national day holiday to the procuratorate submitted to the request for approval of arrest, so the lawyer counted the time limit, in the further collation of the facts of the case fully reasoned in a timely manner to the procuratorate to submit the opinion of non-arrest.