Recently, King&Capital Law Firm attorneys Jia Kun and Zhu Kun handled a case of suspected false invoicing crime. When the suspect's family commissioned the case, the case had already entered the stage of review and approval of arrest.

China's “Criminal Procedure Law” Article 91, paragraph 3 provides: “the people's procuratorate shall, within seven days from the receipt of the public security organs for approval of the arrest, make a decision to approve the arrest or not approve the arrest.” In the face of limited time, Jia Kun, Zhu Kun lawyers the first time to the detention center to apply for a meeting with the suspect. Jia Kun, Zhu Kun lawyer arrived at the detention center, but was told that the suspect due to asthma attack, has been sent to the medical treatment, short-term can not be arranged to meet. At this time, the arrest deadline is only two days. In this unfavorable situation, Jia Kun, Zhu Kun lawyers through and the suspect's company staff contact, preliminary understanding of “false invoicing” of the relevant situation, and combined with the previous experience, to the procuratorate submitted to the lawyers do not approve the arrest.

After that, Jia Kun, Zhu Kun lawyers and the contractor prosecutor contact, understand that “the crux of the case” is “the company has not paid the full amount of tax”, the contractor prosecutor requires the suspect's company in the same day must pay the full amount of tax. Jia Kun, Zhu Kun lawyers through the study of the suspect's company to provide financial information, and query the year of the special tax policy, put forward “the company has paid the full amount of tax” defense point of view, and repeatedly with the prosecutor to communicate. Finally, the procuratorate listened to Jia Kun, Zhu Kun defense, the suspect made a decision not to approve the arrest, and change the mandatory measures for bail pending trial, the lawyer's defense work has achieved initial results, for the defense work later laid a good foundation.