Zhongguancun, a well-known IT company head agent of the chairman of the board of directors was arrested on suspicion of commercial bribery, at the beginning of the case when the opportunity to entrust the King&Capital lawyers Peng Jiyue, Feng Wang for its defense, defense lawyers to work quickly, and firmly grasped the case after the investigation of the first 37 days of the “golden rescue period”, and ultimately make the Procuratorate that the evidence is insufficient, not to Approved arrest. Shortly thereafter, the public security organs to withdraw the case, the suspect regained his innocence.

A woman entrepreneur suddenly arrested, “pillar” fell, the company in chaos, the family panicked!

The case is a successful female entrepreneurs, twenty years ago, the potential for the development of the IT industry, the gradual layout of computers and other related electronic equipment in the field of business map, after years of hard work, to become a well-known computer brand head of the nationwide agents, over the years, “Gold Partner” title.

However, the person concerned was suddenly summoned by the police and detained on the grounds of suspected commercial bribery with a senior executive of the computer manufacturer. This is undoubtedly a bolt from the blue, on the one hand, it makes the person concerned face prison, on the other hand, it also makes the company's reputation in the dust. Several of the companies he founded share a common corporate culture: long-termism. Over the years, it has been the philosophy of not caring about immediate benefits and focusing on long-term returns that has brought us to where we are today. Products that do not make money, others do not do their own; tired, hard work, others to avoid, their own forward. Through years of such old bull-like struggle, the achievement of partners also achieved their own. If others think that their achievements are obtained through commercial bribery, the person concerned is not acceptable in any case.

Faced with such a situation, the company immediately lost the backbone, the family is also very anxious, feel no defense - how can we make things clear to the authorities as soon as possible? Family members in a variety of counseling, and finally chose King&Capital lawyers.

Second, the bank water and other objective evidence like a rock, the investigating authorities attitude is very determined, not to release people

The police allegations are not empty, computer manufacturers due to internal anti-fraud found an executive criminal clues, the police on the crime of misappropriation of their investigation. In the course of the investigation, it was found that the executive had a number of suspicious financial transactions with the client in this case, and he was arrested along the way.

Defense lawyers will be related to the situation and the client for careful verification, the client argued that the loan between the two, the two know each other at work and personal friendship, the other in the purchase of real estate and speculation in stocks and other matters have been looking for their own borrowed money. Defense lawyers also accessed the first time the relevant bank water, found that not as the investigating authorities accused of bribery to the other party, but the two sides of the funds do have to and fro. However, because of the number of money exchanges, and the amount of money is not fully correspond, there is no loan note and other evidence directly proved to be a loan, so the public security organs are more resolute, do not agree to the investigative stage of bail pending trial.

This is also a common problem in the investigation stage defense. The case has just been filed, the investigating authorities are on the strength of the case, the case is relatively strong; the case is still unclear, it is difficult to fully understand the evidence; detention measures are difficult to change within a short period of time, the parties are often very anxious. How to break the situation, test every lawyer's determination and wisdom.

Third, three times a week to see the prosecutor, the prosecutor is not off duty, the defense lawyer does not leave the prosecutor's office

To the prosecutor to express their views, seeking supervision is one of the ways to break the situation. In the investigation stage, the procuratorate has not yet directly handle the case, the position is more supercilious, coupled with its own is a legal supervisory organs, the investigation work on the supervision of the power and responsibility.

In the case of the investigating authorities do not agree to bail pending trial, persuade the procuratorate not to arrest is another key “battle”. Defense lawyers have written a number of legal opinions, on the one hand, explains the economic transactions between the two is the reasonableness of the loan; on the other hand, also emphasized that there is no evidence to prove that the computer manufacturer executives for the client's business to obtain any benefits. Bribery is the essence of the crime of power and money transactions, for the “money”, can be considered to have a certain evidence; and for the “power”, I am afraid that this case can not make up a piece of the puzzle.

PengJiYue lawyer has many years of enterprise work experience, also very familiar with the operation mode of the agent channel. PengJiYue lawyer to the suspect company and manufacturers of the cooperation mode from inside to outside all aspects of the analysis, will be the bribe “terms of reference” and the suspect company and manufacturers of cooperation “intersection” repeated comparison, can not come up with the “right to”. The case was analyzed from all perspectives, comparing the “terms of reference” of the bribe-taker with the “intersection” of the cooperation between the suspect company and the manufacturer, and it was not possible to conclude that “power” played a role in the case, so the case was described in detail by adopting a zoomed-in, zoomed-out, and zoomed-in approach to the problem of “obtaining an illegal benefit for the bribe-taker,” which may be easy to deal with in this case.

In order to more directly understand the ideas of the case officers, defense lawyers, in addition to mailing written opinions, also took the initiative to contact the prosecutor in the hope of meeting and communicating. However, the case officer is also busy with official business, it is difficult to get through on the phone. For this reason, the defense several times ran to the prosecutor's office on-site liaison, waiting, hard in the spirit of the prosecutor is not off duty, the defense lawyers will not leave the prosecutor's office, and finally and the prosecutor in the conference room for three times in detailed exchanges. Lawyer's work is very often like this, there is no skill to speak of, only the heart. The client's trust in you, from the professional, continued in the heart, firmly in the results. As a lawyer, can't be in the case when boastful, accept the commission after burning three fire on the ceasefire. Really reflect the level of a lawyer, not high or low education, not age, not how much the lawyer fee, not the size of the case, but in whether always put the interests of the parties in the first place, whether in the face of the seemingly endless, you are still using patience and wisdom to find the darkness of the possibility of the light of day, with your professionalism, perseverance and ignite everyone's hope.

In the end, the defense attorney, through the opportunity to meet with the prosecutor several times a week, gave him a comprehensive statement of the background of the case and the opinion of innocence, from the prosecutor's initial certainty that the suspect constituted a crime, to the final frowning and deep in thought expression, the lawyer's efforts have not been in vain. In the review of the last night of the arrest deadline, the news came, not approved, the client out of the detention center!

Fourth, between business partners to be careful by the “economic transactions” tripped, the lawyer suggested that you do so!

Recently, the concept of “criminal compliance” is quite hot, in fact, the best compliance experience comes from living cases. This case is also worth the business field of entrepreneurs and executives to wake up, to be careful by the unknown economic transactions tripped, you can pay attention to the following points:

First, avoid financial transactions between business partners who have a cooperative relationship, as the saying goes, “don't tie your shoelaces in a melon field, and don't wear a hat under a plum tree”.

Second, try to avoid cash transactions, so that it is even more impossible to say the amount and nature of economic transactions.

Third, if you have a loan relationship, it is best to write and keep a loan note, or at least make a note of the loan and its purpose when transferring money.

Fourth, a clear agreement on the repayment time, the expiration of the timely repayment or to be prompted. In the author previously handled a 360 company executives bribery case, although the other party to the transfer of its notes on the loan, but because the case has not been repaid, it was accused of bribery in the form of borrowing, that is, the party did not mean to pay back, and therefore belongs to the bribe.

Fifth, do not engage in economic transactions during sensitive periods, such as the other party's job adjustment and supervisory relationship to one's own business.