Recently, by the Beijing King&Capital Law Firm Xu Ming lawyers, Ye Jing lawyers on behalf of a private entrepreneur fraud, forgery of official documents of state organs, after the unremitting efforts of the defense lawyers, the people's court finally adopted the views of the defenders, to one of the crime, sentenced to three years of imprisonment suspended for three years. The specific process of handling the case is shared as follows:
First, the night to go, the arrest stage to understand the case, for the surrender of the defense laying the groundwork
When two lawyers from King&Capital accepted the commission, the client had been detained for nearly a month, and the case had entered the arrest stage. At that time belongs to the epidemic control period, the defense lawyers to overcome the epidemic during the difficult to meet with many difficulties, the first time to take the plane at four o'clock in the morning to a county to stay, six o'clock the next day to the enterprise to understand the situation, through the production and operation of the enterprise, the special fund application for a detailed mapping, the afternoon to the county custody to meet with the person concerned to understand the specific situation. So far, the defense team in the arrest stage has been a clear understanding of the case. The defense believes that the person constitutes a surrender, the defense will communicate with the public security organs, procuratorial organs, and get affirmative advice.
Second, this case belongs to the Audit Office found that the transfer of ten million dollars of fraud, will be sentenced to more than ten years of imprisonment
Defense lawyers were informed that the client is a successful private entrepreneur in a province, and the enterprise is an excellent leading enterprise in the area, solving the employment problem of many people. The enterprise is in a declaration of national special fund materials, by the National Audit Office of the cross-audit found that it forged environmental protection approvals to fraudulent state special funds, the National Audit Office then transferred the trail to the judicial authorities. The public security organs to the parties suspected of fraud and forgery of official documents of state organs will be criminal detention, the amount involved up to more than 10 million yuan, of which six million yuan attempted, four million three hundred and eighty-eight million yuan attempted. If there are no other circumstances such as surrender, will probably be sentenced to more than ten years of imprisonment.
C. Application for review of detention necessity was submitted at the stage of examination and prosecution, and recommendations for compliance and rectification were made and adopted.
At the stage of review and prosecution, the defense lawyers took the first time to retrieve all the files of the case to carefully study and sort out the case, and communicated with the prosecutor on the necessity of detention for many times. In addition, the defense lawyer and the actual controller of the enterprise involved in the case for in-depth communication, from the legal, emotional and other aspects of the reasoning. After unremitting efforts to persuade the actual controller to raise funds for compensation, and cooperate with the public security organs to recover the relevant funds. Defense lawyers in the case with the contractor prosecutor communication at the same time to submit “detention necessity application” and review the prosecution stage of the defense opinion. At the same time, the defense believes that the private entrepreneur suspected of committing a crime is caused by irregular business management and weak legal awareness, and suggests that the enterprise submit an application for criminal compliance rectification. Procuratorial organs after comprehensive consideration adopted the views of the defense lawyers, decided to change the mandatory measures for the person concerned to release on bail pending trial. Since then, the client has been detained for nearly four months and regained his freedom.
Fourth, compliance and rectification acceptance, the court adopted the opinion of the defense counsel, sentenced to the lightest suspended sentence
In the examination and prosecution stage of compliance rectification after acceptance, due to the case involving a huge amount of money, it is not appropriate to make a decision not to prosecute, the case was prosecuted to the people's court, the court continued to examine the enterprise compliance rectification after the situation. During the trial, the defense lawyers argued sufficiently and received unanimous praise from the panel. After the trial, the defense lawyers and the presiding judge and then carry out a number of communication exchanges, submit multi-level, multi-faceted argumentation version of the defense. Eventually the court adopted the defense opinions put forward by the lawyer, found that the party surrendered, part of the attempt, pleaded guilty and admitted punishment, all the return of stolen goods and compensation, enterprise compliance rectification and acceptance, decided to mitigate the punishment of the party, sentenced to three years of imprisonment suspended for three years. The procuratorial authorities recognized the verdict and did not protest against it. The party concerned also did not appeal, and the first instance judgment came into effect.
Fifth, the court behind the thinking: compliance can only long, the state special funds should be declared in accordance with the law!
Looking back at the whole case, a successful private entrepreneurs, in order to help enterprises to improve production capacity, knowing that enterprises can not meet the qualifications of the national special fund application, reported to take a fluke and gullibly trust the recommendations of some auxiliary reporting agencies, submit forged environmental protection approval documents and access to the national special fund after being detained. The case can give a lot of people to start a business warning, should be done to standardize the business, must not stray from the law, otherwise there may be a window of opportunity. Enterprises in the declaration of national special funds must carefully read the policy, assess whether to meet the declaration qualifications, do not meet the conditions of the funds can not be forged declaration materials. Meet the conditions of the declaration may not be forged declaration materials, in particular, not forged official documents of state organs (such as environmental assessment approval, filing materials) and other important instruments. In addition, the funds obtained from the declaration must be earmarked for specific purposes, otherwise it may cause unnecessary trouble or even be imprisoned.
