On May 10th, “Semi-Monthly Talk on Criminal Defense”, the 5th activity of “Semi-Monthly Talk on Criminal Defense”, sponsored by the Criminal Department of King&Capital Law Firm, “Semi-Monthly Talk on Criminal Defense”, was successfully held in King&Capital Law Firm. The founder of King&Capital Law Firm, honorary director Tian Wenchang lawyer to the meeting to guide and put forward deep expectations on the theory and practice of Kyoto lawyers to strengthen the construction of specialization. Mr. Zhu Yonghui, the director of King&Capital Law Firm, made the opening speech for this activity, Mr. Liu Pinxin, the professor of School of Law of Renmin University of China, the director of Research Center of Cybercrime and Security, and the professor of National Prosecutor's College, and Mr. Xia Jun, the senior partner of King&Capital Law Firm made the keynote speech, and Mr. Cao Shuchang, the senior partner of King&Capital Law Firm and Mr. Liu Lijie made the guest comments, and Mr. Zhang Pengpeng, the director of Business Management Department, hosted the seminar. About 1,500 people on and offline participated in this program.
On behalf of the firm, Mr. Zhu Yonghui, Director of the firm, firstly expressed his warm welcome and heartfelt thanks to Prof. Liu Pinxin's arrival, and at the same time expressed his affirmation of the innovation and progress of “Semi-Monthly Talks on Criminal Defense”, and proposed to cultivate “Semi-Monthly Talks on Criminal Defense” into a brand column of King&Capital, and to set up a platform of communication between the majority of lawyers and experts and scholars.
Subsequently, lawyer Xia Jun combined with years of experience in handling cases, from the practical point of view, focusing on the core defense points of the distribution crime cases and shared with everyone. Mr. Xia Jun summarized the five major points of concern in the determination of the crime of organizing and leading pyramid schemes, including the determination of the four basic features of the crime, the determination of the main body, the determination of the number of crimes, the differentiation of the points of confusion, and the focus on the key legal provisions and other important issues. Most of the cases of pyramid schemes are difficult and complicated, and Mr. Xia Jun believes that the determination of the crime must be considered in a comprehensive and multi-factorial way. Mr. Xia Jun proposed that the core defense of pyramid schemes should be concerned with the basic features of the defense and the defense of the main body involved in two aspects, the defense should be tightly focused on the profit model of the crime, the organizational form, the way of remuneration, deceptive features are consistent with the main body involved in the case of the suitability of the key points of the defense and other effective defense opinions. In addition, Mr. Xia Jun also put forward the defense of commodity attributes, the defense of operation, the defense of the source of rebate, the defense of hierarchy, and the defense of electronic evidence for the virtual currency pyramid scheme cases that have occurred frequently in recent years, giving effective defense points and strategies for such cases.
Prof. Liu Pinxin took the network marketing crime as the starting point and talked about the defense method of electronic evidence with the tool of penetrating examination. Professor Liu Pinxin believes that the defense of electronic evidence should not stop at the electronic evidence itself, but should also recognize that electronic evidence is used as the basis for offensive defense, and that the network marketing crime is one of the rare cases in which the defense may have more evidence than the prosecution, which is also the focus of the defense lawyers to carry out penetrating interrogation of the evidence. Defense lawyers should be based on a huge amount of electronic evidence, exhaustive review of the specific behavior of each case, to verify whether the video and transcripts of the length of time corresponds to whether the transcripts of the articulation is reasonable, whether the transcripts of the beginning of the time is reasonable, these are available to the defense attorney to penetrate the data to destroy the facts of the allegations of practical skills. Prof. Liu Pinxin also pointed out that the arrival of the big data era on the protection of electronic evidence acquisition needs to be supported by a perfect system, and at the same time for the effectiveness of the defense method of criminal defense lawyers has also put forward higher requirements, in the future, the improvement of the system and the lawyers' study have a long way to go.
Mr. Cao Shuchang, combined with the recent cases, recognized the concept of comprehensive authentication mentioned by Mr. Xia Jun, and put forward the three commonalities of evidence, i.e., all the facts are proved by corresponding evidence, all the evidence has been verified by the legal procedures, and the evidence of the whole case has been integrated to reach the only conclusion to exclude the reasonable doubt. Mr. Cao Shuchang believes that these three commonalities are the code for handling criminal cases, and that electronic evidence in the era of big data also supports criminal defense lawyers to go farther on the road of finding answers through evidence.
Liu Lijie lawyer believes that with the development of science and technology, criminal methods and means are also constantly updated, pyramid selling cases have been gradually evolved from the traditional means of ground push to pull heads, on-site training, manual bookkeeping, etc., to WeChat group chat, online promotion, and systematic automatic bookkeeping and other methods. The number of people involved, large amount of money, electronic data has become the basic characteristics of pyramid scheme cases, in pyramid scheme cases, electronic evidence has gradually become the new “king of evidence”. Criminal defense lawyers must deeply understand and fully grasp the research and analysis methods of electronic evidence, and realize justice in individual cases and promote the progress of the rule of law through the comprehensive examination of electronic evidence.
In the process of hosting, Director Zhang Pengpeng summarized the speeches of all the guests and suggested that colleagues attending the training should make full use of the research platform in King&Capital to continuously reserve criminal defense knowledge and improve criminal defense skills.
At the end of the activity, Mr. Tian Wenchang, Honorary Director of King&Capital Law Firm, expressed his great expectations for the “Semi-Monthly Talk on Criminal Defense” column. Mr. Tian pointed out that specialization is the fundamental principle that King&Capital lawyers must adhere to, and that extensive invitation and study is an excellent way to closely combine theory and practice, and that King&Capital lawyers should make due contributions in leading the development of specialization in the criminal defense industry.
