In May 2024, King&Capital Law Firm, Mr. Li Song, handled five criminal cases, all of which achieved good defense results, five cases were related to the destruction of computer information systems, fraud, false VAT invoices, bribery, use of influence to accept bribes and other crimes. In three of the cases, the parties regained their freedom within 37 days of the “golden rescue period”, one of the parties was sentenced to probation, and the defendant in another case was mitigated and sentenced to the minimum penalty within the next sentencing range of the statutory sentencing range. All five cases achieved good defense results, realizing the unity of legal and social effects.
Accurately put forward opinions on the application of law, and the suspect detained for allegedly destroying the computer information system was eventually penalized administratively.
Li Song, key lawyers represented the case of T who was suspected of destroying computer information system. The contracted lawyers met with the client several times and learned part of the relevant information about T's case from the case-handling authorities in the first instance, and elaborated the relevant defense opinions in combination with this part of information. Because the facts of this case is relatively clear, the defense lawyer's opinion is based on article 286 of the criminal law, this crime to “serious consequences” as one of the elements of the crime. The supreme people's court, the supreme people's procuratorate on the handling of criminal cases of endangering the security of computer information system application of law on a number of issues in the interpretation of the relevant behavior identified as “serious consequences” standard, but no matter from which point of view to evaluate, T's behavior did not reach the identified standards. Therefore, according to the principle of the law of crime and punishment, should not be recognized as constituting the crime of destroying computer information systems.
In the end, T was released from the coercive measures, because of his behavior was administrative punishment. Because the behavior of criminal detention and administrative detention is the same behavior, the public security organs in accordance with the law on the administrative detention, the criminal detention time should be offset against the time of administrative detention, T was criminal detention time has exceeded the time of administrative detention, so its administrative detention is no longer implemented, T regained freedom.
Analyze the business logic, accurately find the defense, involved in fraud suspects were released on bail pending trial after 14 days of criminal detention.
Mr. Li Song represented the case of J Mou's suspected fraud. After accepting the family's commission, the defense lawyer went to the detention center for several times to meet with the criminally detained J Mou, and learned from him about the case information that the platform merchant he worked for was suspected of cheating the platform subsidy matters.
After analyzing the logic of the platform business, the contractor lawyer found that in this case, J Mou at most because of the transaction in question to obtain less than one hundred yuan performance incentives, it is unlikely that in the transaction mode of the crime of fraud, on this basis, the contractor lawyer drawing chart, submitted up to more than twenty pages of written comments, and the contractor for a sincere and efficient exchanges for the logic of the accusation, the characterization of the case, the results of the harm, Sentencing circumstances and the cause of the case were fully elaborated.
Finally, on the last day of the review and approval period, the procuratorial authorities decided not to approve the arrest of all suspects in the case, and J Mou was released on bail pending trial, regaining his freedom. The whole case has achieved gratifying milestones. The work of the attorneys was highly evaluated by the families and the suspects themselves.
Fighting for favorable sentencing circumstances, the suspect suspected of false VAT invoicing was not approved to be arrested.
After accepting the commission from the family, the defense lawyer went to the detention center several times to meet with X, who was criminally detained, and after understanding the case information, the defense lawyer believed that the case was not very controversial in terms of the facts, but there was a certain space for characterization, and that X had a number of mitigating and mitigating circumstances for the sentencing. On this basis, actively coordinating the payment of taxes, and finally in the case into the review and approval period, the tax involved in the case all paid, defense lawyers to the prosecuting authorities to submit the relevant defense opinions, clarification of points of view on the characterization of the crime, the amount of the crime, the circumstances of the crime have done a lot of defense work.
Finally in the last day of the review and approval period, the procuratorial organs of X made a decision not to approve the arrest of X, X was also changed the compulsory measures for bail pending trial. The work of the contractor's lawyers was also highly praised by the family and the suspect himself.
Accurately determining the defense point, the defendant who was found to have jointly accepted a bribe of 5 million yuan was finally sentenced to 3 years' imprisonment.
Wang Xin Tong and Li Song represented the case of J who was suspected of accepting bribes, and the defendant was involved in accepting bribes amounting to 5 million RMB. In nearly 2 years of case cycle, the contractor lawyer met with the parties many times, fine reading, confirm the case defense ideas, and finally J in the review and prosecution stage with the contractor prosecutor many times on the case of legal application of the problem of many exchanges, in J constitute a self-surrender and its status in the case of the role of whether it should be recognized as an accessory, as well as its accompanying behavior of whether to set up a money laundering crime of the viewpoints have reached positive consensus. J voluntarily pleaded guilty and accepted the punishment.
J voluntarily pleaded guilty and admitted punishment, and voluntarily signed a statement of guilty plea and punishment at the stage of examination and prosecution. After the people's court public hearing, finally J received was sentenced to three years of imprisonment, and a fine of the verdict, is related to the case of each defendant in the shortest prison term, J after the court of lawyers in this case to express satisfaction and recognition of the work, looking forward to returning to their normal lives in a few months.
Successful Surrender, Probation for a Client Found to Have Used Influence to Accept Bribes Multiple Times
Li Song and Li Xiaoxi acted on behalf of L's case of suspected use of influence to accept bribes, the contracting lawyers intervened in the review and prosecution stage, and confirmed that the defense idea of this case was a misdemeanor defense through the fine reading of the documents. In the review and prosecution stage, the defense team made a detailed discussion on whether he was seeking undue advantage for the trustee, and made a full statement on whether he had established the circumstances of surrender. After several rounds of communication, the procuratorate recognized that L was a self-surrender, and L voluntarily pleaded guilty and admitted punishment, and voluntarily signed a statement of guilty and admission of punishment at the stage of examination and prosecution.
In the end, the trial authority found that L, as a state employee, using his original position to form convenient conditions, for the client to seek undue benefits, accepting the financial affairs of the client, the amount is huge, his behavior has constituted the crime of using influence to accept bribes, L was sentenced to three years of imprisonment, four years of probation, and a fine. The client recognized the lawyer's work and stepped into his next life journey.
“The pursuit of excellence, not to be entrusted” is the motto of every King&Capital lawyer, criminal defense road, will move forward!
