Recently, Beijing King&Capital Law Firm senior partner, director of King&Capital Criminal Defense Research Center, lawyer Liang Yali was invited by Peking University School of Law and the vice dean, Professor Che Hao, to Peking University to take part in the course of "Criminal Prosecution and Defense Trial Practice". The course aims to help students understand the way of thinking of different professional roles within the legal community and to cultivate students' practical ability, which is a practical course of great significance.
The co-lecturers of this course, in order of lecturing, are Mr. Liang Yali, Mr. Wang Yong, Procurator General of Suzhou Industrial Park, Mr. Jiang Wei of the Second Criminal Division of the Beijing Municipal First Intermediate People's Court, and Prof. Che Hao, Associate Dean of the School of Law of Peking University. Ms. Liang Ya-Li and the other three lecturers were appointed as the external lecturers of the course "Criminal Prosecution and Defense Practice" of Peking University Law School in the fall semester of 2023.
Prof. Che Hao (first from right) presented appointment letters to the three lecturers, Mr. Liang Yali (second from left).
This course adopts the case teaching mode of Peking University founded by Prof. Che Hao, and starts the study and discussion with the case of Li Moumou, the legal representative of an enterprise, who was charged with fraud in the process of equity acquisition by a state-owned company. First of all, students were divided into groups to argue, debate and summarize on behalf of the prosecution and the defense on "whether the crime of fraud is constituted".
Liang Yali lawyer teaching scene
In the teaching session, Liang Yali lawyer first commented on the debate performance of the prosecution and defense. Liang Yali lawyers on the prosecution and defense of the performance of the students to be affirmed: on the one hand, students in the thinking and eloquence outstanding; on the other hand, the students reflect a high degree of professionalism, able to accurately grasp the main points of the case; the most important thing is that the students have a rigorous, conscientious, hard-working attitude towards learning, for the course in advance can do a good job of research and preparation.
For this lecture involves "fraud" conviction and sentence and the elements of criminal law, Liang Yali lawyer combined with their own practical case experience, with a state-owned company equity acquisition process suspected of fraud as an example, from the establishment of the crime of fraud in the conditions of the five links, that is, "concealment of the truth or Fictitious facts, the victim into the wrong understanding, the victim based on the wrong understanding of the disposal of property, the perpetrator to obtain property, the victim suffered property losses," starting from each link of the important evidence and defense ideas for detailed elaboration:
First, on the "concealment of the truth, fictitious facts", to focus on the objective evidence in the case, including contracts, accounts, witness testimony, etc., in the case of the original contract is not in the case and the accounts there are obvious contradictions, can not determine the facts based on words alone.
Second, on the "victim into the wrong understanding", to focus on the causal relationship between the defendant's behavior and the victim's wrong understanding, whether the victim is aware of the existence of the behavior of the possibility of triggering the wrong understanding, through various types of evidence to restore the complete facts.
Third, about "the victim based on the wrong understanding of the disposal of property", whether the victim based on the wrong understanding of the disposal of property need lawyers will assess the report, minutes of the meeting, the situation description and other documentary evidence and verbal evidence reflect the side of the facts, and from an objective point of view of the victim's understanding of the scope of the determination.
Fourth, on the "perpetrator to obtain property", this link is mainly fact-based, the flow of property will often be internal debt offset, "debt to equity", agreement to borrowing and other forms of packaging, the form of the property itself may also be in cash, equity, between the conversion of debt, the different forms of property for whether or not the victim's knowledge. Different forms of property for the perpetrator is beneficial, whether the perpetrator "real" property, are required to grasp the issue of the defense.
Fifth, about "the victim suffered property loss", here the property loss refers to the criminal law meaning of property loss, and can not be commercial investment perspective to judge after the fact, in the case of the transaction purpose to realize, can not just because of the fluctuation of the price of the existence of property loss.
Finally, Ms. Liang Yali guided the students to discuss whether this case constitutes an "attempt", and Prof. Che Hao, Prosecutor General Wang Yong, and President Jiang Wei analyzed and argued from three aspects: doctrine, judicial practice, and relevant jurisprudence.
Group photo of debate students and lecturers
At the end of the lecture, Prof. Che Hao expressed his gratitude to the lecturers who participated in this Criminal Prosecution and Defense Practice Course and issued the appointment letter to the lecturers, and the students also expressed their gratitude to the lectures given by lawyer Liang Yali and the other three lecturers with warm applause.
