Recently, Mr. Jun Xia, a senior partner of King&Capital, led a team of lawyers to achieve a successful defense in the case of a private enterprise and its executives suspected of selling counterfeit registered trademarks in a certain province. Mr. Xia Jun helped the enterprise to start compliance rectification and successfully passed the rectification acceptance, after unremitting efforts and perfect criminal compliance process, achieved good defense results, and finally the procuratorial authorities made a decision not to prosecute the enterprise and three executives involved in the case in accordance with the law.
In more than a year after accepting the commission, Xia Jun led the compliance team members Wang Qi, Wang Guannan, Hu Rui, and effectively safeguard the legitimate rights and interests of private enterprises, and really do for the enterprise escort, so that private enterprises can be stable and far-reaching!
First, in the face of danger, accurately formulate "criminal compliance without prosecution" defense strategy
In October 2022, in the three executives were detained, the business situation of the enterprise is struggling, Beijing King&Capital Law Firm Xia Jun lawyers accept the private enterprise entrusted for the suspected sale of counterfeit registered trademarks and the enterprise executives of the crime of criminal defense work. In the face of danger, Xia Jun lawyers feel a great responsibility, after accepting the commission, Xia Jun lawyers timely understanding of the case, the case to make an accurate judgment, to determine the "criminal compliance not to prosecute" defense ideas.
Criminal compliance without prosecution, refers to when the enterprise and its responsible personnel in the production and operation process suspected of crime, for eligible cases, the procuratorial organs to allow and supervise the enterprise for compliance risk loopholes for active rectification, the enterprise by the rectification to meet the requirements of compliance, the procuratorial organs can be made according to law on the suspects of non-prosecution or other leniency decision. Combined with the specific circumstances of this case, criminal compliance is undoubtedly the best defense ideas.
Time is running out, Xia Jun lawyers for the detained suspects submitted a timely application for bail pending trial, and at the same time grasp with the enterprises involved in the case to communicate with the criminal compliance of the defense ideas. At first, in the Xia Jun lawyer proposed for the enterprise to start compliance rectification recommendations, the enterprise did not understand. Xia Jun lawyer will be the case of the relevant legal analysis and criminal compliance law to the enterprise, and told the enterprise compliance rectification is very significant, one can let the enterprise and the person involved in the case to get a relatively light penalty, the second is in order to let the enterprise can be compliant in the future, for the enterprise, undoubtedly can solve the near worry, but also can alleviate the faraway worries of the best way. After communication, the enterprise expressed recognition, fully agreed with the defense ideas and strategies of Xia Jun lawyer.
Second, unremitting efforts to persuade the procuratorate to agree to start compliance rectification
As we all know, how to start the compliance rectification is a difficult problem in practice, then the difficult and right thing to do, not only need to have a good professional level of defense lawyers, but also need the courage and wisdom of defense lawyers.
The initiation of compliance rectification is not easy, due to the existence of controversial issues in this case, the Procuratorate delayed to give a clear answer.2022 November, December, is the most serious time of the epidemic, in order to convince the Procuratorate to agree to the application for the initiation of compliance rectification, Xia Jun lawyers submitted a number of written legal opinions during this period. In this case, there are two controversial issues around whether the enterprise is the eligible subject of criminal compliance not to prosecute: First, the enterprise was once involved in criminal prosecution for false VAT invoices, and this time for the sale of counterfeiting registered commodities involved in criminal prosecution for the second time, whether the criminal compliance not to prosecute is still applicable; Second, the amount of money involved in this case, the amount of illegal proceeds in the end belongs to the "amount of larger" or "amount of money". Secondly, the amount of money involved in the case, whether the amount of illegal proceeds is a "large amount" or a "huge amount", and whether the case is applicable to imprisonment for less than three years or more than three years, and whether it meets the conditions for non-prosecution for criminal compliance. The above two controversial issues have caused the Procuratorate to be apprehensive on whether to agree to initiate compliance rectification.
Breaking through the barriers and resolving the disputes was the difficulty and focus of the defense work at that time. In order to realize effective communication, lawyer Xia Jun traveled to the field several times to communicate with the prosecutor face to face despite the risk of epidemic. In the combination of written advice and face-to-face communication, Xia Jun lawyer will be controversial issues with the prosecutors repeatedly discuss and analyze, and ultimately dispel the prosecutors' concerns, the contractor prosecutor adopted the lawyer's opinion, will be involved in the case of the enterprise to start the compliance rectification of the application by the county-level prosecutor's office to the municipal prosecutor's office, the provincial level prosecutor's office, after the approval of the layers, and finally, in January 2023 before the Spring Festival, Xia Jun lawyer received a notice that the Procuratorate agreed to start the compliance rectification work for the enterprises involved in the case. This good news is hard-won and inspiring!
Third, precise guidance, help enterprises successfully pass the compliance rectification work
After the start of compliance rectification, Mr. Xia Jun led by Wang Qi, Wang Guannan, Hu Rui compliance team, to give the enterprise involved in the accurate and effective guidance, assisting the enterprise involved in the smooth implementation of compliance rectification work.
After the Procuratorate announced the start of compliance and rectification, it required the submission of the Compliance and Rectification Plan as soon as possible before the Spring Festival. At that time, it was nearly the end of the year, some lawyers have gone home for the New Year, a few lawyers who stayed in Beijing also just Yangkang. Xiajun lawyers feel heavy responsibility, in order to be able to submit on time "compliance rectification plan", Xiajun lawyers led the team of lawyers, for more than a week almost live in King&Capital law firm, overtime to complete the compliance plan. The day after the completion of the compliance plan, Mr. Xia Jun took the earliest flight to the Prosecutor's Office, and submitted the Compliance Rectification Plan in time, which was highly recognized by the Prosecutor's Office and the third-party regulator.
The Procuratorate set a six-month deadline for compliance rectification in this case, during which the company involved in the case advanced its compliance rectification work in three phases. During this period, Mr. Xia Jun went to the local area several times to provide compliance guidance to the enterprise, assisted the enterprise to implement the compliance rectification work, had many talks with the enterprise, pointed out the risks and loopholes to the enterprise, helped the enterprise to sort out the relevant documents, taught legal courses for the enterprise, and assisted the enterprise to establish a normalized and standardized compliance management system and system. In six months, under the guidance of Xia Jun's team of lawyers, the enterprises involved in the three phases of rectification have achieved good results, and have been highly evaluated by the prosecutors and experts in the relevant fields of the third-party organizations, and have successfully passed the acceptance of compliance rectification.
Compliance rectification through, Xia Jun lawyers immediately after the case for the enterprises involved, the people involved in the case submitted a timely request for non-prosecution of the lawyer's opinion, and continue to communicate with the prosecutor, finally, after unremitting efforts, the prosecution authorities in accordance with the law on the case of the enterprises involved in the case and the three executives to make the decision not to prosecute the whole case.
Fourth, a long way to go, continue to help private enterprises "steady and far"
The case was a complete success, showing the King&Capital's "pursuit of excellence, to live up to the trust" concept, but also shows the Xia Jun lawyers and team members of the professional ability and dedication to the work attitude.
In practice, there are many criminal cases are not only related to criminal issues, in some major complex cases, it presents a comprehensive, complex legal affairs, may contain criminal-civilian cross, criminal cross, may also be involved in criminal compliance issues, defense lawyers should broaden the defense ideas, to criminal compliance without prosecution as a new defense ideas. Through the start of criminal compliance, on the one hand, let the enterprise and the person in charge of lenient punishment, on the other hand, let the enterprise through the compliance rectification, to find out the risk points and system defects, the establishment of normalization, standardization, institutionalization of compliance management system, let the enterprise really "life-long benefit"!
In the future, King&Capital lawyers will continue to work hard to maximize the protection of private enterprises and private entrepreneurs of the legitimate rights of private enterprises, in the private enterprises "escort" on the road all the way forward!
