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Successful defense of Yan Huainan and Li Wei: 30-day successful release on bail pending trial of a provincial leading enterprise's legal personages and executives suspected of fraud case
Released on:2025-03-18

Defending private entrepreneurs is both a defense of freedom and a defense of a rule-of-law business environment. The report of the 20th Party Congress proposed to protect the property rights of private enterprises and entrepreneurs' interests in accordance with the law, and to promote the development and growth of the private economy. Recently, King&Capital law firm Yan Huainan, Li Wei lawyers acting on behalf of a leading provincial enterprise legal personage, executives suspected of fraud case, after fully communicating with the investigating authorities, to provide professional, strong defense advice, the party was detained for 30 days after the success of the release on bail pending trial, the case has not been referred to the examination and approval of arrest.

After meeting with the understanding that the person concerned is a leading provincial enterprise legal person, senior management, the company involved in the Internet and digital product sales in the field of a certain degree of influence in the enterprise, its product sales and sales have always been ranked at the forefront, and many times won the social honor awards. The case is an Internet platform investment personnel to increase performance, to the party recommended in its platform to open online stores to sell the company's products and get platform subsidies, in order to expand the new sales platform to carry out long-term cooperation, the party's company decided to register in the platform stores and shelves of goods to try. Due to the sales is not optimistic, the Merchants took the initiative to recommend the use of “brush” mode to increase the weight of goods to increase sales, but still little effect, only three months after the opening of the store was closed. After the e-commerce platform where the company accused the person concerned of fraudulent platform subsidies suspected of fraud.

Yan Huainan, Li Wei, two lawyers from the “illegal possession for the purpose of” the crime of fraud, the antecedent constitutive elements, that “brush” fraudulent subsidies initiated by the e-commerce platform investment personnel, the subjective not to fraudulent subsidies for the purpose of the party, but only want to Broaden sales channels with the platform, and the company involved in the main sales in other e-commerce platforms, does not have the motive and purpose of single fraud subsidies. In order to maximize the maintenance of the interests of the parties, the two lawyers with the race against time, launched the company to collect evidence, after careful preparation and sorting, submitted to the public security organs of the company's internal approval sheet and nail workgroup chat records, the above materials can prove that the company's legal person on the brush of empty single details are uninformed and exclusion. In addition, the lawyer also retrieved relevant evidence materials, to be proved that the e-commerce platform investment personnel use the convenience of their positions to make illegal profits. In addition, the two lawyers also combined with the party in the company's production and operation of the important position, fully demonstrated that it takes the bail pending trial, in line with the current protection of private enterprises and private entrepreneurs policy, is conducive to protect the normal operation of the enterprises involved and social stability. After in-depth investigation and analysis, the investigating authorities finally adopted the defense opinions of the two lawyers, and after the client was detained for 30 days, the public security authorities made the decision of release on bail pending trial for the two persons who were the legal person and the executive of the company involved in the case.

The Supreme People's Court, the Supreme People's Procuratorate in the work report repeatedly stressed the need to optimize the rule of law environment for the economic development of private enterprises. In the process of the case, Yan Huainan, Li Wei lawyers with superb defense, for the parties to win the valuable freedom, to avoid the subsequent business risks of the enterprise, the successful handling of the case, not only is the individual's redemption of justice, but also a solid maintenance of the social and economic stability of the King&Capital lawyers in strict compliance with the provisions of the law on the basis of the positive for the private enterprises to solve the problem, showing the lawyer's professional commitment and responsibility.