June 28, 2024, sponsored by the Criminal Department of King&Capital Law Firm, the 8th issue of “Criminal Defense Semi-Monthly Talk” and the 2nd issue of “New Issues and Responses in the Defense of Functional Crimes” of the three-member talk on functional crime defense strategies were successfully held, and the Director of Business of King&Capital Law Firm, Pengpeng Zhang, presided over the event, and the senior partner of King&Capital Law Firm, Yanfeng Zhang, shared the topic of defense of functional crimes, Mr. Zhang Yanfeng and Mr. Xia Jun, senior partners of King&Capital, and Mr. Meng Fan, partner of King&Capital, shared the topic of defense of functional crimes.
Meng powder lawyer from the original type of shares involved in the bribery cases controversial, difficult to deal with the status quo, that in the distinction between the principal amount, the amount of bribes, benefits, fruits of the standard is not clear, can't be objectively incriminated in such cases without regard to the actual situation, in particular, can't break through the law of criminal punishment and the principle of criminal punishment is compatible with the principle. Meng powder lawyers pointed out that the original shares involved in the type of bribery case defense, the need to look through the phenomenon of the essence of bribery is the essence of power and money transactions, the essence of power and money transactions is the use of job facilitation, the use of power as the cost of obtaining a certain property benefits, should be punished by the use of power in exchange for the purchase of the original stock qualification, the listing price and subsequent trading price is the product of the market's natural development, is not a direct result of the power and money transactions. The listing price and subsequent trading price is a product of the natural development of the market, not a direct result of power and money transactions.
Mr. Xia Jun firstly introduced the characteristics and status quo of job-related crimes in the financial field in recent years, as well as the trend of new type of corruption and hidden corruption in the financial field, sorted out the laws and regulations related to bribery crimes in the context of financial anti-corruption, and shared with you the common points of defense for bribery cases in the financial field and the special points of defense for cases of new type of corruption and hidden corruption. Mr. Xia Jun believes that in the defense of financial bribery cases, not only should we pay attention to the main body, objective behavior, evidence, amount, and sentencing circumstances, but also pay attention to the new and hidden types such as shareholding, entrusted wealth management, designated purchase, “loan” type, “elegant bribery” type and so on. The defense should also pay attention to the special defense points of new and hidden corruption cases, such as equity holding, entrusted finance, designated purchase, “loan”, “elegant bribery”, etc. In addition, the defender should fully understand the prosecution's allegation logic, know your enemy and know yourself. Both the defense of the global thinking, but also the defense of layered thinking. According to the specific circumstances of the case, choose the most appropriate defense method and strategy according to the case. At the same time, learn more professional knowledge in the financial field, pay attention to the financial and economic dynamics, in order to handle the increasingly new and difficult and complex cases of financial crimes in the field of defense, in order to achieve the “effective defense” results.
ZhangYanFeng lawyers combined with their own years of experience in dealing with job-related crimes, summed up in recent years the six characteristics of the defense of job-related crimes, that is, the prosecution and law independently handle the case weakened; plead guilty to more, less signed a written statement; most of the misdemeanor defense, innocence of the defense of the rare; defense battlefield moved to the stage of investigation and prosecution; the exclusion of illegal evidence is difficult; the court hearing most of the case file transcripts as the center. ZhangYanFeng lawyers believe that, for cases of crimes of duty can be based on different cases, to establish the consultation and negotiation, tit-for-tat, to fight and other different defense strategies, in the case file transcripts as the main object of review of the case of crimes of duty, focusing on the verbal evidence is in line with the norm, whether the transcripts of the full, whether the inconsistency of the problem often can be half the result with half the effort.
Director Zhang Pengpeng added new issues of difficulty in applying crimes related to job-related crimes such as borrowing and lending, receiving cultural relics and paintings, etc., which brought more thoughts to the activity in the context of the strengthened efforts to combat job-related crimes.
