In November 2022, Wang Zhiqiang lawyer accepts the entrustment of the defendant's family, for the vice president of a private enterprise in a coastal city in Shandong Province, suspected of non-state staff accepting bribes, job misappropriation charges amounting to 10.62 million yuan as a defender of the defendant, the case after 2 times supplementary investigation 4 times in court and 1 adjournment of the trial, the court made a fixed-term imprisonment of 3 years suspended sentence of 4 years on May 31, 2024, the defendant was regained his freedom after more than 600 days of detention.

I. Finding the balance between the defense of innocence and the defense of misdemeanor

In response to the charge of 10.62 million yuan, the defendant pleaded not guilty to 8.54 million yuan, and pleaded guilty to the remaining 2.08 million yuan. In the process of implementing the concept of not guilty defense, the defense proposed: the alleged amount of money belongs to the small treasury of the unit involved; the use and expenditure of the money is the collective decision-making process of the department involved, accumulation, implementation and registration; collected and submitted the “housing lease contract”, “financial transaction records”, witness testimony and other evidence for the defense, shaking the prosecution's accusation of 8.54 million yuan of the foundation. In the implementation of the concept of mitigating circumstances, the defense proposed: combined with the specific evidence in the case, the crime of passive bribery of non-state officials and the crime of occupying a position should be a homogeneous criminal facts, the prosecution asked for a combined treatment of the 2 charges; collated a chart of the flow of the funds involved in the case, and dissected the departmental accountants in the case of the internal accounts, which can be used as a mitigating circumstantial evidence to determine the case; consulting with a professional accountant, auditing experts on the amount of the charges of 2.08 million The amount of 2.08 million charges were recompressed and re-decomposed, and a strong attack was made in the stage of questioning and debating, squeezing out the water of the charges that were untrue and inadmissible.

Finding the balance between the defendant and the victim

The bell needs to be tied, the defender focuses on alleviating the contradiction between the defendant and the victim as a breakthrough in effective defense. To maximize the maintenance of the defendant's legitimate rights and interests as the principle, the defendant and the defendant to analyze the future trend of the case, predicting that if the victim does not understand the reverse pressure will make the case in a passive situation, especially at all levels of the current focus on the protection of the background of the private sector, if the conditions of understanding, it will have a direct impact on the case of conviction and sentencing; and the defendant's family members, relatives to negotiate, through the mortgage, friends and relatives borrowing and other methods to raise the refund , friends and relatives to borrow money and other methods to raise funds for the refund of compensation. To maximize the promotion of the enterprise base for the entry, the defender 4 times and the family to the victim company, its leadership, discipline inspection layer, wind control layer, legal layer for repeated communication, pass the defendant's attitude of guilty and repentance and the long-term development of the company's countermeasures recommendations, the family took the initiative to make the prepayment of the money back to the victim company in the spirit of the principle of healing the sick and saving lives, and the principle of the future ultimately issued a letter of understanding.

Third, to find the balance of the Procuratorate's right to recommend and the court's right to make decisions

To the Procuratorate adhere to the “fight to promote talk”, the court for the crime of occupation and non-state staff bribery offense of the criminal composition, from the crime of objective illegality, subjective culpability of the two levels, in the court questioning stage and the court debate stage and the prosecution carried out a tit for tat reasoned argument; after the trial with the prosecutor face-to-face communications Consultation, the defense gave up the point of view of 2 crimes combined with 1 crime, prompting the prosecution to make a decision to change the indictment, more than 7 million yuan for the acquittal process. The court insisted on the “talk to promote lightness”, after three sessions, the defense and the presiding judge for face-to-face communication, from the criminal behavior, character, disease, the case towards a multi-dimensional boldly designed probation path and conditions; on this basis to promote the defendant and the Procuratorate signed a plea of guilty and punishment, giving a probationary sentence of On this basis, it promoted the defendant to sign a plea bargain with the prosecutor's office, gave a probationary sentence recommendation, pushed the family to pay the fine and return the stolen goods in advance, and took the initiative to submit the relevant documents of community correction, and pushed the court to make a final judgment of 3 years' imprisonment and 4 years' probation.