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King&Capital lawyers successfully defended and won the decision of the Prosecutor's Office not to prosecute on behalf of the case of forgery of seals.
Released on:2023-12-22

Recently, King&Capital (Nanjing) Law Firm Zhu He and Zhao Xiaoyu lawyers handled the case of Wang Mou (a pseudonym) suspected of forging the company's seal, and successfully persuaded the prosecutor to make a decision not to prosecute, so that the person concerned is exempted from criminal punishment.

Defense attorney Zhu He accepted Wang's own commission, learned that Wang is a party A company employees, in order to complete the company as soon as possible will be related to the requirements of the project, privately forged three party B supplier's official seal, and in the three project acceptance of the materials stamped with the use of the seal in the forgery of the seal 5 days later, that is, because of the carrying of the forged seal in a railway station security checkpoints by the police officers seized on duty.

In-depth understanding of the facts of the case, defense attorneys Zhu He, Zhao Xiaoyu that the client Wang Mou crime circumstances are minor, for the possibility of non-prosecution is very large. First of all, wang mou does not have the subjective intention of seeking improper benefits, wang mou forged seal, only in the relevant project acceptance materials, and the content of the materials and the actual project in line with the project, and did not cause any economic loss to the three suppliers; Secondly, wang mou although forged seal, but only in the company's internal materials, not used externally, the harm is smaller; Finally, wang mou has obtained three suppliers written understanding, coupled with its incidental offenders, the police on duty. Finally, Wang has obtained the written understanding of the three suppliers, coupled with the Department of occasional offenders, first offenders, no previous convictions, and has confessed, plead guilty and other mitigating circumstances, in line with the relevant conditions of non-prosecution.

After communicating with the prosecutor, the defense lawyer was informed that the Procuratorate intended to hold a hearing on whether to prosecute the case of Wang's suspected forgery of seals. In the hearing, the defense attorney actively for the defense of Wang Mou, to prove that the crime is minor, subjective malice, social harm, and has the victim's understanding, confession, plead guilty to punishment and other statutory mitigating circumstances, and submitted a request for the People's Procuratorate of the non-prosecution of the written legal opinion. At the end of the hearing, the Procuratorate adopted the opinion of the defense counsel and made a decision not to prosecute.