On July 19, 2024, the Criminal Department of King&Capital Law Firm ushered in the fifth series of lectures on “Criminal Case Thinking and Defending”, and the theme of this seminar is “Challenges and Strategies of Defending Functional Crimes in the New Era”. In the current anti-corruption situation, the defense of job-related crimes is facing new challenges and changes, and this activity aims to discuss the new trends and problems in the defense of job-related crimes, as well as how lawyers should adjust their defense strategies to cope with these changes.

The event was hosted by King&Capital Law Firm's lawyer Ma Huiwen, with special guest Wang Jiuchuan as the keynote speaker, and lawyers Peng Jiyue, Nie Sufang, and Sun Guangzhi participating in the talk, sharing their rich experience and insights in the field of defense of job-related crimes.

Wang Jiuchuan

Beijing King&Capital Law Firm senior partner, director of King&Capital Criminal Defense Lecture Hall, Wang Jiu Chuan, lawyer to “the new period of the common litigation characteristics of job-related crimes and defense strategies” as the theme, for the participating lawyers to give a one-and-a-half-hour lecture on the subject. Wang Jiuchuan firstly introduced the orientation of judicial policies related to job-related crimes in the past ten years, then combined with his own defense practice and observation in handling some major job-related crime cases in recent years, focusing on the crime of corruption and bribery, summarizing the litigation characteristics of job-related crime cases after the establishment of supervisory authorities, introducing the common measures used by the authorities in handling such cases in recent years, giving examples to illustrate the current situation of the exercise of the rights of the litigation of the parties and witnesses, and finally giving an explanation on the role of lawyers in the defense of job-related crimes. In the end, he analyzed the new problems and practice risks encountered by lawyers in the defense of functional crimes, and shared his practice experience from various angles, such as receiving cases, meeting with clients, investigating and obtaining evidence, and designing defense strategies.

Nie Sufang

Nie Sufang, senior partner of Beijing King&Capital Law Firm and co-managing partner of the Criminal Department III, shared her insights and experience in undertaking cases of functional crimes, especially the new features of property defense and litigation cycle in the new period of cases of functional crimes, and the skills and precautions for lawyers to communicate with the clients as well as the undertaking prosecutors and judges in cases of functional crimes where they plead guilty to a crime. In particular, the new features of property defense in the new era of functional crime cases, the communication skills and precautions for lawyers to communicate with clients, prosecutors and judges in the cases of guilty plea and punishment.

Peng Jiyue

Mr. Peng Jiyue, senior partner of Beijing King&Capital Law Firm and partner-in-charge of Criminal Department 3, shared his feelings about the cases of functional crimes in the new era, including the handling mode of the investigating authorities, the performance characteristics of the suspects, the handling strategy of similar cases, and the risk point of handling the cases. Mr. Peng pointed out that the verbal evidence of functional crime cases has a recurring character, and lawyers should look at these situations objectively and pay attention to defending the case with objective evidence. In addition, functional crime cases can not ignore the value of procedural defense, pay attention to whether there is less transfer, not transferred favorable evidence, if necessary, apply for viewing synchronous audio-video recording. At the same time, lawyers handling such cases need to have a sense of risk, some cases have confidentiality requirements, or need to pay attention to the social impact, lawyers need to pay attention to these norms and so on.

Sun Guangzhi

Beijing King&Capital Law Firm senior partner Sun Guangzhi lawyers around his practice since the handling of a number of significant impact of the job crime cases, Mr. Sun on the case experience and insights to share. Mr. Sun pointed out that in the current situation, lawyers can also help clients identify and prevent legal risks of job-related crimes from the perspective of criminal compliance and other work, so as to take precautionary measures. For the investigation of the Supervisory Commission during the job crime cases, lawyers should grasp the principles and bottom line when providing consulting services, to ensure that the effective provision of legal services can also manage the corresponding practice risks.

Zhu Yonghui

Mr. Zhu Yonghui, Director of Beijing King&Capital Law Firm and Senior Partner of Beijing King&Capital Law Firm, expressed his views on the format of the event, believing that the training would facilitate more in-depth exchanges and discussions. Mr. Zhu also mentioned Mr. Wang's versatility and expressed his admiration for his debating skills and artwork.

Vivian Ma

As the host of this event, lawyer Ma Huiwen of Beijing King&Capital Law Firm emphasized in her concluding remarks that the sharing of lawyer Wang Jiuchuan was learned and skillful, with both theoretical depth and practical guidance, which provided the participating lawyers with valuable case-handling experience as well as opportunities for in-depth learning and exchange. Through this activity, the lawyers have a deeper and more comprehensive understanding of the litigation characteristics of the new period of job crime, for the case handling process of litigation strategy adjustment as well as the enhancement of the defense skills to guide a clear direction. At the same time, the importance of lawyers' ability to improve their expression in public speech was emphasized, as it serves both the output of viewpoints and demonstrates the personal qualities and styles of lawyers.

At last, he encouraged everyone to participate in the activities of the Criminal III Department more often, share experiences and exchange ideas, and expressed his gratitude to all participants, and the activity was successfully concluded.

This activity not only provides a platform for learning and exchange, but also reflects the complexity and challenge of defense of job-related crimes in the new era, providing valuable practical guidance and inspiration for the participating lawyers.

Follow-up Activities

The series of activities of “Criminal Defense” 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.