On June 22, 2024, the Criminal Department of Beijing King&Capital Law Firm successfully held a seminar with the theme of “Criminal and Civil Intersection Issues in the Execution of Criminal Property and Disposal of Bankruptcy Property”. This activity was hosted by Wang Qingnan, a young lawyer of Criminal Department 3, and invited Niu Xingli, senior partner of King&Capital Law Firm, Zhao Qilong and Zhu Kun, attorney, as the keynote speakers, Zhu Yonghui, director of King&Capital Law Firm, as the opening guest, and Peng Jiyue and Nie Sufang, senior partners of King&Capital Law Firm, as the guests of honor, and discussed the theoretical basis and practical operation of the intersection of criminal and civil issues together in depth.

Mr. Wang Qingnan

King&Capital Law Firm lawyer Wang Qingnan opened the meeting by introducing the participants and guests, as well as the main points of this training: due to the economic and policy impacts, enterprises are facing indebtedness and financing problems, and some of them are even involved in illegal behaviors. She emphasized the different remedies for creditors facing bankruptcy, as well as the prevalence and difficulty of dealing with “criminal-civilian crossover” issues in bankruptcy and criminal enforcement procedures. Ms. Wang mentioned that the handling of criminal-civilian intersection cases is controversial in practice, and how to balance criminal-civilian intersection issues in bankruptcy proceedings is even more difficult and complex, which requires in-depth discussions and solutions.

Mr. Zhu Yonghui

Zhu Yonghui, Director of Beijing King&Capital Law Firm, gave an opening speech for the event, emphasizing the importance and complexity of criminal-civilian cross-cutting issues in current legal practice, and expressed a warm welcome to the guests and participants of the seminar.

Jiao Mengqi (Alpha Gold Trainer)

Jiao Mengqi, Alpha Gold Trainer, introduced the Digital Intelligence Solution for Client and Business Growth, explaining how the Alpha Intelligent System assists lawyers in retrieving cases faster and more accurately, and how to discover “new opportunities for legal services” through intelligent search.

Niu Xingli, Attorney at Law: “Conflict and Coordination between the Right to Execute Criminal Property-Related Lawsuits and the Right to Try Bankruptcy Cases

Niu Xingli, Senior Partner of Kyoto Law Firm

Ms. Niu Xingli, Senior Partner of King&Capital Law Firm, analyzed the intersection of criminal and civil issues in the execution of criminal judgement involving property and the disposal of bankruptcy assets. Through the case of Company A and its actual controller Zhou, she discussed the disposal of criminally adjudicated property in the bankruptcy process and the relationship between bankruptcy proceedings and criminal enforcement proceedings. Ms. Niu also explained in detail the conflict between the court's inter-court power of criminal property-related enforcement and the power to hear bankruptcy cases, and proposed effective ways to coordinate the criminal-civilian intersection issues. Her speech involved not only the interpretation of legal provisions, but also the coordination mechanism in actual operation.

Attorney Zhao Qilong: Conflict and Balance of Criminal-Civilian Intersection in Bankruptcy Procedures

Mr. Zhao Qilong, Senior Partner of King&Capital Law Firm, gave a fascinating presentation on the conflict and balance of criminal-civilian intersection in bankruptcy proceedings based on his experience working in the court system and as a bankruptcy administrator for a number of bankruptcy administrators at King&Capital Law Firm. Through a case as a bankruptcy reorganization administrator, i.e. Bao Hui Tong Investment Consulting Co., Ltd. was suspected of illegally absorbing public deposits, and the stolen money flowed to the enterprise into bankruptcy reorganization, Mr. Zhao analyzed in-depth how to deal with the claims of all parties in the crossover between the public security organs' recovery of stolen goods and bankruptcy reorganization, discussed whether the creditors of Bao Hui Tong have priority in bankruptcy, and how to coordinate in bankruptcy procedures. realize parallel criminal and civil proceedings and unified treatment of property to protect the interests of all creditors and realize the principles of fairness and efficiency. His proposed solutions not only reflect the rigor of the law, but also consider the feasibility of practical operation.

Lawyer Zhu Kun: “Five Practical Points in Criminal Property-Related Enforcement Procedures

King&Capital Law Firm lawyer Zhu Kun, with his profound legal skills and practical experience in handling cases, made a comprehensive interpretation of the five practical points in the criminal property-related enforcement procedures. Mr. Zhu firstly started from the basis and scope of the execution of the property-related part of the criminal judgment, explained in detail the execution matters such as fines, confiscation of property, and ordering of restitution, and emphasized the clarity and specificity of the content of the judgment. He further discussed the issue of joint and several execution in joint criminal cases, clarified the order of distribution of execution, and made an in-depth analysis of objections and reconsiderations in execution as well as the impact on reduction of sentence and parole, which provided clear guidance for operation in practice.

Guest speaker: Mr. Nie Sufang

Nie Sufang, senior partner of King&Capital Law Firm, shared her practical experience in criminal property-related execution cases, focusing on her personal view on how the liability for restitution should be allocated in joint criminal cases. According to Mr. Nie, when the full amount of illegal proceeds cannot be recovered in joint criminal cases involving property, the criminal clawback liability should be based on the principle of independent liability, with joint and several liability as the exception, and elaborated on the corresponding reasons and bases. Mr. Nie's sharing put forward a unique analytical method and thinking path to the issues that have been in major dispute and inconsistent operation in practice.

Guest speaker: Mr. Peng Jiyue

Mr. Peng Jiyue, senior partner of King&Capital Law Firm, provided insights into the scope of the determination of illegal income in the crime of bribery. Through the example of Zhang Moumou's bribery case, Mr. Peng discussed the definition of illegal income and analyzed the calculation of adjudication under different circumstances. He further discussed whether economic benefits, business opportunities, business qualifications, etc. are undue benefits, and how to correctly deal with the relationship between the proceeds of bribery and normal business gains. Mr. Peng's speech not only provided ideas for solving difficult problems in legal practice, but also provided an in-depth explanation of the fairness and justice of the law.

This seminar not only provides a platform for legal professionals to communicate and learn, but also provides valuable information resources for the general public who are concerned about the intersection of criminal and civil issues. King&Capital Law Firm will continue to dedicate itself to in-depth research and solution of complex issues in legal practice and provide professional legal services to clients.

The series of activities of “Criminal Defense Talk” is a column specially set up by the Criminal Department of King&Capital Law Firm to strengthen internal communication, improve the practical ability of lawyers in criminal defense, and enhance the influence of the firm's criminal defense brand. The column aims to promote the King&Capital head office and branch offices, the firm and outside the counterparts, experts and scholars, the exchange and cooperation between the departments within the firm. The “Criminal Defense Talk” activity will be held once a month, and the next activity will continue to invite professionals to share and discuss.