On the afternoon of March 15, the 1st issue of the series of courses “Difficult Cases Seminar” hosted by King&Capital Criminal Defense Research Center and undertaken by the Department of Criminal Law was successfully held. The activity was hosted by Mr. Zang Desheng of King&Capital Law Firm, and Mr. Zhang Xiaofeng, partner of King&Capital Law Firm, former senior prosecutor and member of Lawyer Expert Pool of Lawyer Rule of Law Daily was the keynote speaker, who explored the “strategy selection and key points of acquittal” from the real case that he had handled to obtain acquittal, and a number of partners of King&Capital made interactive speeches. A number of partners of our firm made interactive speeches.
“Difficult Cases Seminar” is the latest series of courses offered by King&Capital Criminal Defense Research Center, aiming at organizing lawyers from different practice areas, experts and scholars from universities and professionals from case-related industries to participate in the seminar, to make in-depth argumentation on difficult cases represented by King&Capital Law Firm, and to discuss the strategies, summarize the experience, and share the insights. By brainstorming and expanding the ideas of handling cases in the form of seminars, King&Capital Law Firm gives full play to the advantages of the talents of the academy, and provides more professional and effective legal services for the clients.
Mr. Zhang Xiaofeng shared his recent acquittal of a case of “suspected fraudulent obtaining of state subsidy funds”, which involved multiple parties, went through many trials and was difficult and complicated:
Company M, where Mr. A works, received a notice from the county Development and Reform Bureau requesting it to send its staff to attend a training meeting organized by the Provincial Development and Reform Commission for the Agricultural Cleaner Production Demonstration Project, and the county government intended to designate Mr. M as the main body for the implementation of the project. The meeting required the county government as the main body of the project, the enterprise as the implementation of the main body, but the M company due to the existence of other subsidized projects not yet accepted, does not meet the conditions of the main body of the implementation of the project, so the A and the other defendant B consultation, by the B company N as the main body of the declaration to submit the program. The county government was aware of this situation. During the declaration process, Company N, in order to meet the requirements of the implementation of the main body, falsely increased the business scope of the business license, and provided false certificates of deposit. Later, the provincial development and reform commission approved the implementation and disbursed more than 7.4 million project funds to the county government account.
As the actual responsible for the implementation of the project is M company, so the county government allocated the first batch of more than 5.2 million project funds to the account of the N company, A will be the project funds transferred to the account of the M company and return the loan. At the same time, the case authorities recognized a subsequent self-financing more than 5.2 million yuan of funds into the project construction, but after investigation, the project in the implementation of the link there is a fictitious clean agriculture demonstration of the acquisition of points for the purpose of the project's smooth acceptance. After the county government and the provincial agriculture and animal husbandry department acceptance, the government and allocate the second batch of more than 2.2 million yuan to the company account, because a, b debt dispute and gradually escalate, the case.
Zhang Xiaofeng lawyers believe that, in the face of such complex cases, first of all, we must analyze the case of the defendant's unfavorable factors, and combined with the public prosecutor's opinion of the public prosecution, the case for detailed dissection. After forming a preliminary judgment, we should promptly investigate the right evidence, fix the key evidence in favor of the defendant, and finally form a defense point of view: the project in question is really implemented, there is no illegal possession purpose of A; declaration of some of the false formalities involved in the government grants with no causal relationship between. After the lawyer effective defense, the case from the original trial sentenced to twelve years in prison, changed the sentence to not guilty. Accordingly, Mr. Zhang Xiaofeng summarized the six points of experience in acquittal defense.
Ms. Men Jinling, associate professor of Chinese Academy of Social Sciences University and part-time lawyer of King&Capital Law Firm, and lawyers Xu Ying, Li Zhiguang and Weng Xiaoping, senior partners of King&Capital Law Firm, shared their experiences of handling the case in light of their own experiences of handling similar cases. All of them agreed that the difficult and complicated cases of subsidy fraud are affected by many factors such as fact finding, law application, local policies, etc., which enhance the difficulty of defense, but also provide space for defense. The defense of innocence is a great challenge for lawyers, Zhang Xiaofeng's successful handling of this case, for everyone to handle similar cases and the defense of innocence to enhance confidence and develop ideas.
Zang Desheng summarized the activity and pointed out that it is of great significance to hold seminars on difficult cases, especially the seminars on the cases being handled, firstly, it deepens the understanding of individual cases, and helps to improve the quality of lawyers' defense; secondly, it builds a platform for training with seminars, and helps to improve the business level of lawyers; thirdly, it sublimates the effect of handling difficult and complex cases, and helps to form fine cases and realize the transformation of results. Realize the transformation of results.
