On December 7, 2024, a seminar on “Revision of the Criminal Procedure Law and Lawyers' Handling of Cases Involving Enterprises” was held in Beijing, and Mr. Liang Yali, Senior Partner of King&Capital Law Firm and Director of the Criminal Defense Research Center of King&Capital Law Firm, was invited to attend the seminar and make a special speech.
Scene of the Seminar
In this seminar, Han Xiutao, the national strategic development consultant of CUIPPC, and Sun Xiaoying, the director of Beijing Office of CUIPPC Law Firm, delivered speeches one after another, and Prof. Fan Chongyi, a famous jurist and honorary director of the National Institute of Legal Aid of China University of Political Science and Law, delivered a keynote speech.
Mr. Liang Yali delivered a speech
In the first seminar unit “Revision of Criminal Procedure Law and Criminal Defense”, Mr. Liang Yali, Senior Partner of King&Capital Law Firm, Director of King&Capital Criminal Defense Research Center, and Deputy Director of Institute of Advanced Criminal Defense of Northwestern University of Political Science and Law, delivered a keynote speech with the title of “Reform of the Property System under the Perspective of Criminal Defense--Purpose of Protection of Private Enterprises”. -Expectation of Law Revision for the Purpose of Private Enterprise Protection”, analyzing the property-related problems faced by private enterprises in criminal proceedings.
Mr. Liang pointed out that in many cases of private enterprises suspected of economic crimes, the nature of the property involved is often difficult to be clarified quickly, and the case officers may be negligent, dereliction of duty and other reasons, leading to the phenomenon of excessive seizure, detention, freezing phenomenon, resulting in the improper disposal of the property of private enterprises or entrepreneurs.
After that, Liang Yali lawyers combined with its team of past criminal cases involving enterprises pointed out that private enterprises involved in criminal offenses, there are some judicial organs “tendency to law enforcement” phenomenon, such as some cases involving black cases, “elevated” qualitative and (c) The abuse of “penetrative thinking”. The above problems not only violates the principle of the rule of law, but also with the goal of protecting private enterprises.
According to Mr. Liang Ya Li, the three main problems that are likely to arise in criminal cases are unclear scope of disposal of property involved in the case, arbitrariness in the initiation of coercive measures, and low standard of investigation and verification.
In this regard, Mr. Liang put forward specific expectations on the amendment of the Criminal Procedure Law from three aspects, aiming to build a fairer and more reasonable system of property disposal, and to provide solid legal protection for private enterprises.
First, the scope of disposal of property involved in the case should be clarified in the amendment. A strict distinction should be made between lawful property and illegal proceeds in order to protect the lawful rights and interests of the enterprises involved as well as the entrepreneurs.
Second, judicial review should be upheld. When taking coercive measures on the property involved in the case, the principle of necessity should be adhered to, and the operational property involved in the case should be handled with caution, so as to avoid the business difficulties arising from the coercive measures taken on the property of the enterprise. For the real need to seize, impound, freeze, should be strict approval procedures, if necessary, the necessity of coercive measures to assess, to ensure the accuracy of the scope of implementation.
Thirdly, the standards for the identification of property involved in cases should be raised. In particular, at the investigation stage, the source, ownership, nature and value of the property involved in the case should be fully investigated. At the stage of prosecution, the procuratorate should strictly examine the completeness of the evidence chain, and then standardize the property examination procedure of “black-related” cases, so as to prevent the abuse of the right to dispose of property by the authorities in charge of the case, and to avoid the disposal of property without evidence.
At the end of the speech, Liang Yali lawyer emphasized that the rule of law is the best business environment, private enterprises need a stable economic development conditions and the continuous improvement of the national rule of law. She called for the Criminal Procedure Law amendments to improve the property disposal system, strictly define and regulate the case handling procedures and behavior of the authorities, to provide stronger legal protection for the development of the private economy.
