Recently, King&Capital Law Firm Peng Jiyue and Li Jingyu participated in the defense of the case of Wang Mou suspected of fraud and other crimes, the court finally declared that the crime of fraud is not established. According to the amount of charges, once found guilty of fraud, the client will face more than 10 years in prison, King&Capital lawyers excellent defense to help the client defend the valuable freedom.
A regimental cadre Wang helped others to handle Beijing household registration fraud, but also “helped himself into the detention center”.
Wang mou in this case in an army as a regiment cadres, in the years of leadership Wang mou contact all kinds of people, including some claimed to “have resources, energy”, Li mou is one of them. Li said to Wang Mou, he is a research institute, know a lot of big leaders of state-owned enterprises, you can use the enterprise settlement index to the community to solve the Beijing household registration, asked Wang Mou can help find some customers, together to make some money. Wang Mou see Li Mou drive luxury cars, live in villas, then believe it.
Wang has a wide range of human resources, and soon and two friends contacted dozens of people who want to apply for a Beijing account, and each charged hundreds of thousands of dollars ranging from the “settlement fee” and handed over to Li Mou to “operation”. However, Li got millions of dollars “settlement fee” after the “energy” lost, people also disappeared.
Obviously, we have been cheated, through the crooked mind settlement risk is too great.
But Wang did not dare to tell the truth, they began to think of new ways to do household registration, and in the name of “expedited fee” again charged a few customers part of the money. However, the new doorway is still not work. Ultimately, waiting for the fruitless “customers” to the police, Wang was criminally detained for fraud.
Second, the same offender pleaded guilty to a separate case first sentence, defense lawyers do face a “difficult problem”
In this case, wang mou's two friends also involved in the introduction of customers, charge “settlement fee” process, but three people each playing a different calculus. But in any case, several million “settlement fee” hit the water, who can not escape the responsibility. Because of various reasons, Wang's two friends were first arrested and transferred to the trial, the prosecution accused the two constitute the crime of fraud, the two under pressure, but also the lack of calm, professional analysis, and confusedly “surrendered” choose to plead guilty and accept punishment.
In Wang's case transferred to the court for trial, two co-defendants of the verdict has come into effect, both sentenced to more than ten years of imprisonment. This formed a natural challenge to the case, in practice because of a variety of reasons, the defendants of the joint criminal trial is not uncommon, among them there are legal reasons, such as the progress of each case is different, if necessary, part of the case can be tried first. On the other hand, it is not excluded that individual case-handling organs intend to “divide and conquer”, through the secondary personnel first trial first judgment, to create the factual state that the wood has been turned into a boat, and “encircle and annihilate” the main personnel.
On the one hand, although the characterization of the case is controversial, but has been prosecuted to the court, on behalf of the state machine has been activated and most of the way forward, want to let this machine back to the original point, difficult ah! On the other hand, the same case judgment has come into effect, want to overturn how easy? How to choose under the dilemma, this is the criminal defense lawyers must dare and good at facing the test, but also on the criminal defense lawyers professional, wisdom, courage test!
Third, take the initiative to obtain evidence, the defense new evidence to shake the logic of the accusation, after the court required the prosecution to supplement the investigation again!
Plead guilty or not guilty? This is a problem. One of the breakthrough points is the investigation and evidence collection. The prosecution argued that Li Mou run away, Wang Mou know that has not been able to handle the case of household registration, but still do not explain the truth to the victims, but continue to “expedited fee” as the reason to continue to collect fees from some of the victims to maintain the scam, in full conformity with the constitutive elements of fraud.
In this regard, Wang's defense that “expedited fee” is not a front, they were really looking for new “talent introduction” and other ways to help customers settle. Although ultimately unsuccessful, but never intended to swallow the customer's fees, their behavior is not right, but never thought of fraud.
Mouthing off is where many arguments or defense efforts come to a screeching halt. In order for a defense argument to gain strength, one must find a way to find evidence to support it. However, the defendant, who knows the facts of the case best, is already in custody, and many of the evidence leads are not easy to follow. In a meeting, the defendant said that the new person surnamed Ge, the defense suddenly remembered a bank water in Ge's name. Finally confirmed, Ge Moumou is Wang Mou through a new way to find for the account of the person, the defense also followed the trail to find and Ge Moumou company signed the contract and fee vouchers. This proves that Wang Moumou did think of new ways to handle the household registration, and charge the “expedited fee” also paid to Ge Moumou, it did not retain and misappropriation.
In this way, the prosecution accused of Wang Mou has “illegal possession of the purpose” of the evidence system appeared to be loose, after the first session, the court asked the prosecution to carry out supplementary investigation on the issue again.
Eventually, the court accepted the defense and evidence, declared that wang mou does not constitute fraud.
Fourth, “Shi can be killed and not humiliated, shot me will not agree that I defrauded people”, the defendant's “hard core” added to the case of the bottom line
A case has a good result, in addition to the fairness of the judicial authorities, but also inseparable from the defendant, family members and defense lawyers adhere to. In this case, in the face of fraud, which has a certain moral evaluation of the charges, the military origin of Wang Mou is very reluctant to be treated as a “liar”. He was willing to sell his family's assets to pay back the losses of his clients, but he was not willing to be labeled as a liar. Wang Mou's determination to the defense lawyer increased the bottom line, the lawyer's professional analysis and explanation also made Wang Mou unified thinking, firm conviction. Defenders and defendants screwed together, coupled with the full trust of the family, the defense lawyer dared to let go, and ultimately achieved the desired results.
Fifth, the law needs to be faith, no matter what conditions, defense lawyers should dare to “sword”
Defense lawyers as “in the field of law”, no power, no capital, only to the law as a weapon to defend the rights and interests of the client. Jurist Berman said, “the law must be faith, otherwise it will be virtually null and void”. The people's faith in the law is set up in the correct implementation of the law time and again; the correct implementation of the law is in the legal people time and again in the perseverance and strive for. Regardless of the reality of the environment, regardless of how the case conditions, defense lawyers should dare to uphold the “law” straight, conscientious, in each case, for the progress of the rule of law to do a little bit of modest contribution.
(Due to the identity of the party concerned is more special and involves private information, the family name of this case to be adjusted)
