In the first month of 2024, the manager of a company was criminally detained by a branch of the Beijing Municipal Public Security Bureau for the crime of occupational misappropriation. The family contacted and entrusted Li Zhiguang and Ning Yu to defend the client in the first instance. The lawyers studied the facts of the case and collected favorable evidence through interviews and multiple communications, and the procuratorial authorities eventually decided not to approve the arrest. With the advancement of the investigation work, the emergence of favorable evidence, and ultimately the public security organs that the person's behavior does not constitute a crime, decided to withdraw the case, the person eventually regained innocence.

I. The case occurred during a holiday, and the defender carried out his work at the first time.

The party in this case is a senior manager of an enterprise in Beijing, and during the Spring Festival in 2024, he was on vacation in a foreign country and was suddenly put under criminal detention by the case-handling authorities. The client's family contacted Li Zhiguang and Ning Yu at the first time. After confirming the commission, the defender first time to understand the situation, after understanding the person concerned is a Beijing household registration, the facts of the case is not complex, the person does not have the roaming crime, multiple crimes, gang crime and other criminal circumstances, the public security organs may be reported within seven days of arrest, the defender first time to make an appointment to meet for the work of the later to lay the foundation.

Second, a comprehensive understanding of the facts, analyze the investigation ideas

Defenders through the meeting, communicate with the parties, a detailed understanding of the content of the inquiry of the case-handling organs, to confirm that the public security organs identified this case as a criminal offense thinking. The defender's initial judgment, this case should not constitute a crime, the case officer will be the normal borrowing and lending of money in the party's work, that constitutes a criminal offense. Through the meeting, the defense mastered the case may constitute the evidence and clues of innocence.

Third, targeted communication, and strive for non-approval of arrest

After the end of the meeting, the lawyer first time with the relatives of the parties to communicate with the evidence may not constitute a crime, investigate the flow of funds involved in the parties to determine the purpose of the money, access to the same kind of funds flow certificate, clear the parties do not have illegal possession of intent. Defenders actively contact the family, coordinate the family on behalf of the return of part of the demolition of the loan. At the same time, timely contact with the authorities, communication of the case, the investigating authorities confirmed that the seventh day will be submitted to the procuratorial authorities for approval of arrest. In the stage of review and approval of arrest, the defense submitted relevant evidence, successfully persuaded the prosecutor, and finally the Procuratorate made a decision not to approve the arrest. The client regained his freedom after 14 days of detention.

Further sorting out the evidence and striving for the dismissal of the case

After the bail, the defender first time to communicate with the parties, further combing the evidence, detailed analysis of the case does not constitute a crime need to be based on targeted improvement of the evidence, and many times with the case authorities benign communication. After the client was released on bail pending trial for nearly half a year, the public security authorities finally made a decision to withdraw the case and determined that the client did not constitute a crime, and the client was eventually cleared of any wrongdoing.

In summary: the success of the defense of this case, in addition to the accurate judgment of the case, the exact time control, reasonable communication strategy, but also inseparable from the client's own work of the habit of leaving traces. Favorable evidence is the best weapon to break the criminal accusation, only in the work of prudent and careful, handling financial issues transparent leave traces, in order to avoid misunderstanding, to solve disputes, in order to meet the emergency, maximize the protection of their own safety, to reduce the risk of being behind bars for no reason.