On the afternoon of September 29, 2024, the 13th session of “Criminal Defense Practice” organized by Beijing Zhongtong Law Firm (hereinafter referred to as “Zhongtong Law Firm”) was successfully held in Zhongtong Law Firm's conference hall on the 8th floor of Lufthansa Shengshi Mansion, where guests and Zhongtong's criminal team had a comprehensive discussion on “how criminal defense lawyers review evidence”. The guests and the criminal team of Zhongtong Law Firm had a comprehensive discussion on “how criminal defense lawyers review the evidence”. Mr. Wang Jiaming, partner of Beijing King&Capital Law Firm, shared his views on the topic of “Points for Examination of Evidence in Securities Crime Cases”.
Yang Mingsheng, Director of Zhongtong Law Firm
Mr. Yang Mingsheng, Director of Zhongtong Law Firm, shared his views on the topic of “Common Mistakes Lawyers Should Avoid in Examining Evidence”.
Yang Mingsheng, Director of Zhongtong Law Firm, believes that everyone makes mistakes, but some mistakes can be made, some mistakes cannot be made, or should be made as little as possible, and the same is true for defense lawyers. Defense lawyers should make fewer mistakes in the courtroom, and strive to make no mistakes, and the more mistakes defense lawyers make in cross-examinations, the worse the effect of the defense will be. The “law of the barrel”, also known as the short-board effect, in the defense attorney's evidence is also very obvious. He said that it is very important to make fewer mistakes in evidence, in the process of evidence, some issues may not necessarily be mistakes, but some issues experienced criminal defense lawyers look at the mistakes, these mistakes may be more young lawyers. Combined with practical experience, he summarized the seven common mistakes of defense attorneys in cross-examination. He emphasized that by making fewer mistakes and having fewer regrets, you may be even better!
Mr. Wang Jiaming, Partner of Beijing King&Capital Law Firm, shared his views on the topic of “Key Points of Examination in Securities Crime Cases”.
According to Wang Jiaming, partner of Beijing King&Capital Law Firm, securities crime cases, as the main criminal cases combating in the financial market at present, it presents a lot of problems, including procedural problems and substantive problems. In terms of procedure, the mainstream procedure is that the investigation of the Securities and Futures Commission (SFC) comes first, and the criminal transfer comes later, but there is no clear provision in the law for such an operational practice. In practice, due to the “first after the criminal” problem brought about by the different standards of evidence of execution and punishment, resulting in many administrative cases in the absence of confirmation of the subjective will to violate the law, purely by the objective data issued by the SFC referred to the criminal process. The issue of materiality may relate to the question of cross-examination to be explored today. She said that in the process of such cases, attention should be paid to discovering the problem of evidence differences between administrative and criminal procedures, and we have to find to seize the breakthrough point of the case by finding the evidence differences for cross-examination and defense, whether it is an insider trading case or a case of manipulation of the securities market, and to focus on the identification and cross-examination of the relevant evidence.
Liu Plan, Professor and Doctoral Supervisor of Renmin University of China, commented on the keynote speeches of the guests in the second half of the session.
According to Liu Plan, Professor and Doctoral Supervisor of Renmin University of China, courtroom cross-examination is the most important thing for lawyers to defend. In the courtroom, lawyers can account for 90% of the defense work, so it can be seen that the importance of the evidence. Lawyers contribute wisdom and give guidance to young lawyers, which can make young lawyers grow faster and avoid detours, so today's lectures and sharing are particularly valuable. In his opinion, the arrangement of today's agenda is very systematic, including the basic issues and methodology of cross-examination, and the specific cross-examination issues of black-related cases, trade secret infringement cases, securities crime cases, cases involving food, drugs and environmental protection, as well as the methods of cross-examination of important types of evidence, such as witness testimony, appraisal opinions, electronic data and other important types of evidence, and the issues of defense and cross-examination of criminal cases involving foreign countries.
Finally, he also talked about the importance of the lawyer's profession. In criminal proceedings, the defense of lawyers is very important, but there is still room for improvement in our legislation. Procuratorial organs to give evidence, lawyers on the prosecution's evidence for questioning, which is the realization of the trial of the substantive requirements and prerequisites, lawyers for the prosecution allegations to put forward the best analysis of the effective questioning, is the lawyer's duty, but also lawyers can assist the judge to find the truth, to achieve the fair trial of the important guarantee, the criminal procedure law is now launched the fourth revision of the preparatory work, scholars for the overhaul or a small revision and there are still different opinions He hoped that this amendment can solve the problem of the criminal procedure law. He hopes that this amendment can solve the specific problems in practice, and promote the reform of trial-centered litigation system through the amendment, including the system of witnesses testifying in court.
This period of “criminal defense practice” training continued through the online platform for synchronous external live broadcast, real-time online participants more than 2000 people. During the event, a number of lawyers conducted offline exchanges and interactions. At about 18:30 in the evening, the 13th Zhongtong “Criminal Defense Practice” practical seminar was successfully concluded in a warm atmosphere.
