Recently, King&Capital, Li Xiaoxi lawyer agent of a culture and entertainment company employee Z a suspected crime of occupying a position, the public security organs investigated and found that the amount of the crime of the whole case of more than 390 million yuan, the lawyer accepted the commission after a comprehensive analysis of the case, according to the facts found in the case and the evidence in the case to actively carry out the work of the defense, after 261 days, and ultimately the Procuratorate of the parties to the decision of the Z a non-prosecution.

 

 

 

 

 

Woe from Heaven

 

 

 

Z is a cultural entertainment company employees, daily and many workers, as many workers, weekdays work conscientiously, the instructions of the leadership absolute obedience, in the relationship between coworkers make every effort to maintain unity. Sour and the world of workers, the same, hard work, obedience, and committing to nothing more than to support their families. Who would have thought, just like you and me no difference between the workers but was involved in a criminal case...

 

 

 

The origin, the company's leadership was found to be terminally ill in early years, whether for their own interests or family members or treatment of the disease, its use of leadership position during the term of office, in the company's many projects through the way of false bidding, so that their own real control of the bidding company to win the bid, and then from the misrepresentation of the price of the massive enrichment. Z is a series of operations in a work link, but the leader of the behavior of the enrichment based on this I am completely unaware of this. Karma, after several years of “repeatedly tried and true”, the victim unit suffered huge property losses, and the leader died, leaving behind a huge deficit and a few accomplices, as well as the obedient but has been kept in the dark Z. The victim unit then reported to the public security organs. Subsequently, the victimized unit reported to the public security organs, Z and several other people involved in the case were criminally detained.

 

 

 

The defender

 

 

 

After accepting the commission, the defender repeatedly studied and judged the facts and evidence about Z Mou, that there is no criminal act, should be innocent, meet the conditions of non-prosecution. Therefore, on the subjective intent, objective behavior, causality and other aspects of the Procuratorate carried out exhaustive communication, summarized as follows:

 

 

 

First, there is no criminal intent, does not meet the subjective elements of the crime of occupation

 

 

 

Criminal law will be the crime of occupation for intentional crime, and intentional crime is to know that their actions will occur harmful to society, and hope or let such results occur, and thus constitute a crime, is an intentional crime. Lawyer from Z's criminal awareness and criminal will to analyze the two levels, that there is no misappropriation of the company's property subjective intent.

 

 

 

Second, analyze whether the behavior of the party concerned belongs to the harmful behavior stipulated in the criminal law, and whether there is the possibility of infringing on the interests of the company

 

 

 

The purpose and task of the criminal law is to protect the interests of the law, so the criminal law prohibits the behavior that infringes on the interests of the law, i.e., the harmful behavior. Regarding this case, Z was involved in the work of the project in question, which was a normal performance of the unit's duties, and his work behavior did not have the possibility of encroaching on the company's property or the potential danger of causing the company's property loss.

 

 

 

Third, from the causality level analysis

 

 

 

causality is the objective connection between the harmful act and the result, Z's behavior does not belong to the harmful act, naturally there is no causality. From another perspective, according to the theory of causality, only the implementation of the behavior and the results of the causal relationship. Throughout the case, Z is just a tool used by others to prepare for the commission of a crime, so there is no causal relationship between the preparatory act and the result.

 

 

 

The sun always shines after the storm, please believe in the rainbow

 

 

 

Finally, after the lawyer and the procuratorate exchanged views for many times, the procuratorate concluded that Z's circumstances were minor and did not require a sentence, and made a decision not to prosecute him in accordance with the provisions of Article 177(2) of the Criminal Procedure Law of the People's Republic of China.