An entrepreneur, Mr. Z, was criminally detained by the public security authorities for the crime of organizing prostitution. Upon receiving the commission from the family, Mr. Chen Xu and Mr. Wu Jonas Rong of Beijing King&Capital Law Firm quickly understood the basic information of the case and took immediate action. They met with Mr. Z at the first time, collected evidence of the case, and put forward a defense opinion that Mr. Z did not constitute a crime. Within the “golden 37 days”, Mr. Z was successfully released on bail pending trial.
Private entrepreneurs face sudden accusations of personal restriction, the company's operation is in trouble.
Faced with the sudden accusation, Mr. Z and his family fell into deep anxiety and helplessness, his children were still young and needed close care, and the business management could not be sustained without Mr. Z. Due to Mr. Z's coercive measures, he was facing difficulties in decision-making, suspension of negotiation, and malfunctioning of funds, and other multiple problems.
Second, lawyers intervened to provide legal counseling and decision-making support.
During the meeting in this case, due to the busy business of the network company operated by Mr. Z and the significant time constraints, the two lawyers cooperated with each other and divided the work to provide legal advice and counseling for Mr. Z. At the same time, they passed on the company's decision-making information, and gave feedback as soon as possible to a number of pending projects in the operation of the enterprise in order to avoid the stagnation of normal work due to the restriction of the person.
III. Considering the whole case to formulate a defense plan
By communicating with Mr. Z and his family for many times, exchanging information about the company's main business, profit model, and the location of Mr. Z's daily office and life, the lawyers clarified the vein of the case, summed up the doubtful points of the case, and collected evidence in favor of Mr. Z. The lawyers also collected evidence in favor of Mr. Z. The lawyers combined the company's business contract, Baidu encyclopedia, management agreement, transaction water, job application form and other materials, through sorting out the evidence, analyzing the constituent elements of the crime, citing cases and other multi-level for Mr. Z to carry out an effective defense work.
Fourth, perseverance to grasp the “golden 37 days”.
Through the unremitting efforts of the lawyers and repeated communication with the case staff, the possibility of bail was fully explored in terms of facts and legal norms, and the Procuratorate finally adopted the defense's legal opinion on non-approval of arrest. On the day of the expiration of the 37-day detention period, Mr. Z was released and successfully went through the procedures of obtaining bail pending trial.
Conclusion
Although the release on bail pending trial is only a kind of criminal compulsory measure and does not represent the result of the decision that Mr. Z is not guilty, it is a key sign in the development of the case, which brings Mr. Z appropriate freedom, reduces the psychological pressure, and is conducive to him to maintain a clear mind to carry on his normal work and life. More importantly, it won valuable time and space for the subsequent defense work.
