Recently, Beijing King&Capital Law Firm, Li Mingzhen, Qi Qiong lawyers contracted a suspected concealment of proceeds of crime, proceeds of crime crime, in the party D Mou was approved nearly two months after the arrest, through a thorough research and judgment, seize the opportunity, and timely review of the necessity of detention to the procuratorial organs, the success of the party was detained for nearly three months to change the coercive measures for bail pending trial, help regain their freedom. The case was successfully changed to a bail pending trial after the person had been detained for nearly three months, helping him regain his freedom.
Case Background
When the two defense lawyers accepted the commission, the client D had been detained for several months. The two lawyers met with the client at the first time and learned that: the client is a self-employed person, during the operation of the store, a person who claimed to be introduced by a friend, C Mou, came to the store several times to spend money, and on the grounds that he needed to pay back his credit card, he asked D Mou to “cash in his credit card”. Because of the obstacle for the introduction of acquaintances, coupled with the amount of cash raised is not large, D agreed to help, and provide the store receipt code to receive “looks like C personally scanning code transfer of funds”, after the arrival of the account will also receive the same amount of money transferred back to the original amount of money C microblogging account, in order to complete the cash. Since then a month and a half D a number of times to help C a way to cash, but did not charge any fees, soon D a public security organs suspected of concealing and concealing the proceeds of crime criminal detention, and then approved by the procuratorate to arrest.
Careful study and judgment, seize the opportunity
The two lawyers through the meeting and analysis that, credit card cashing is very common in the daily life of D, will also be in need of funds to help others to help cash, D subjectively do not know the source of funds received from the proceeds of crime or proceeds, but also may not have the possibility of recognition, coupled with help to help cash without any commission or commission, the defenders believe that it does not comply with the crime of concealing and concealing the proceeds of crime composition. As the client had been detained for more than two months, the defense lawyer immediately wrote an application for review of the necessity of detention and submitted it to the Procuratorate at a reasonable point in time, communicated with the prosecutor in charge of the case, elaborated on the defense point of view, and emphasized that D did not constitute the crime of disguising or concealing the proceeds of crime because he had no subjective knowledge of the crime, and instead, he was being used by the upstream fleet personnel (C), and the first change of the mandatory measures for him to be released from custody on bail pending trial.
Regain freedom, open a new chapter
In the end, the prosecutor adopted the defense opinions of the two lawyers, and successfully changed the mandatory measure to release on bail pending trial for his client, which enabled the suspect to regain his freedom and the family to be reunited with his family, while other suspects in the same case had their investigation period extended!
Lawyer Reminder
At present, the telecommunications network fraud is repeated, for electric fraud and other upstream crimes to provide funds to receive, payment and settlement of the platform or personnel are also endless, the lawyer reminded, do not provide strangers with cash code, cash transfer and other suspected “transfer” or “whitewash” funds request, otherwise, the suspect will be released on bail. “Funds request, or may be behind bars, so we must raise legal awareness, enhance risk identification capabilities, to maintain their own personal and property security!
