Under the background of the central government's vigorous promotion of anti-corruption work, the number of functional crime cases investigated and referred to justice by the Discipline Inspection Commission and Supervisory Commission has been increasing year by year, and such cases generally have less space for defense and are more difficult to defend. However, through the meticulous and professional work of the defense lawyers to promote the recent Wang Xin Tong lawyers acting on behalf of a number of cases of crimes of duty in the first trial stage have achieved a downgrade and substantial leniency in the defense of the effect of the parties and their families to obtain recognition and praise.

First, the case of joint bribery, the first trial for the client to get the accessory circumstances, in the plea of guilty to punishment on the basis of the sentencing recommendations for the sentence to be reduced by 25%.

The case is a series of anti-corruption cases in Tangshan, in which the client, Li Mou, and a judicial staff member, Qi Mou (for the protection of the client's privacy, all pseudonyms), were involved in a joint passive bribery case, amounting to more than 3 million yuan in total. In the prosecutor's office to review the prosecution stage, the defense and the contractor prosecutors repeatedly communicate and apply for access to the parties may constitute a surrender and meritorious material, submitted on the qualitative and accessory to the sentencing of the defense, the prosecutor did not recognize and said that this case can not be distinguished from the main culprits, and then give a plea of guilty to a ten-year prison term of the sentencing recommendations. In this regard, although the defense felt a lot of pressure, but fully prepared for the trial defense.

During the first trial, the defense repeatedly found the contractor judge, sincere communication of the case there are qualitative and sentencing issues. During the trial, the prosecution and defense launched a heated debate, due to the defense made sufficient preparations in advance, the trial effect is better. In this case, the defense mainly focus on the following points to carry out the defense:

1

The evidence showed that the two people involved in the case lacked common passive bribery intention.

2

Li Mou played the actual role of introducing the bribe, although Li Mou share nearly half of the amount, but the reason for sharing the money is unknown, should apply the principle of doubt in favor of the defendant, found guilty of a misdemeanor.

3

The amount of money received by Li should be subtracted from the part shown in the defense evidence.

4

Li was notified by phone to come to the case to actively explain the facts of bribery, and should be recognized as a surrender.

5

Li Mou reported and uncovered other facts of Qi Mou's bribe-taking, and should be recognized as meritorious.

6

In the fact of joint bribery, through the specific behavior of multi-faceted analysis, Li should be identified as an accessory.

(1) The cause of the case lies in the fact that Qi Mou took the initiative to leak information about the case under investigation, and skillfully utilized Li Mou to pass on the information;

(2) the request for the matter is the use of qi mou investigating the case of the function of convenience, the function of convenience has irreplaceable and decisive role;

(3) Although the amount involved in the case was proposed by Li, the actual decision-maker was Qi.

(4) In terms of the actual amount of proceeds, Qi's proceeds were greater than those of Li.

The defender's all-encompassing defense is itself a defense strategy, the main purpose of which is to break through the limitations of the ten-year sentence and achieve a downgraded result. The defense based on the law, evidence and adjudication rules, has done comprehensive communication and preparation work with the parties and their families in advance. In the final first-instance verdict, the court supported the defense's opinion on reducing the amount of Li's actual proceeds and accessory to the crime, and the accessory to the crime is a circumstance that should be a mitigating or extenuating circumstance. Li's sentence was therefore adjusted to seven and a half years, a 25% reduction compared to the prosecution's sentencing recommendations.

The criminal case can make a breakthrough in the Supervisory Commission's determination of the basis is really difficult, the results of the defense of this case do not dare to covet the credit. The breakthrough in this case thanks to the contractor judge of the law, resisting pressure to maintain justice. After the court Wang lawyer to the judge expressed admiration, the judge said that the lawyer when so according to law, the case study, research, study fine, the words are reasonable, practical evidence. This kind of benign communication also for lawyers to handle the case to add new insights, but also for other cases of crimes on behalf of the added confidence.

Second, coal anti-corruption tens of millions of embezzlement charges, the first trial felony into a misdemeanor, the sentence is paid off

This case is a major difficult and complex case led by Mr. Xinlong Wang under the leadership of Mr. Wenchang Tian and Mr. Tian, and achieved a very rare good defense effect. The case lasted many years, the Supervisory Commission retained for six months, the examination and prosecution period with the full, the first trial after the trial to change the charge, many times postponed, the first trial verdict felony to misdemeanor after the Procuratorate protest, the second trial ultimately upheld the original verdict and reduce the amount of fines. During the defense, the family and the parties experienced a long wait, many sessions, intense trial, and ultimately the case by the life of the sentencing recommendations, into the actual report, the first instance verdict after the release of the person, the person and his family reunion, regaining their freedom and innocence.

This case is more significant and sensitive, in order to protect the privacy of the parties, will not start the introduction. Lawyers mainly around the conversion decision effectiveness, the main identity of the dispute, as well as mineral rights and interests belonging to the defense, and ultimately obtained the court's support and recognition.

Third, the financial anti-corruption case, double crime amounted to more than 100 million vice president of the first trial under the ten-year file processing

In recent years, the central government has been focusing on the implementation of financial anti-corruption special action, and Mr. Wang Xintong has also represented many cases of bank staff's criminal offenses. Among them, there is a controversial amount of more than 100 million cases after two years after the court has not yet come out of the results, there are also through the determination of the downgrade circumstances to get mitigated punishment case.

In this case, Li Mou (a pseudonym), a former vice president of a bank branch, was accused of accepting bribes of more than 40 million yuan and illegally granting loans of more than one billion yuan. At the first trial stage, after repeated access to the surrender, meritorious, loss recovery related materials, the court ultimately found that the person concerned has pleaded guilty and admitted punishment, surrender, meritorious, full return of stolen goods, the loan principal and interest repayment and other mitigating circumstances, and sentenced to nine years of imprisonment.

As such cases basically have “perfect” verbal evidence, the defense needs to focus and exert efforts on objective evidence and downgrading circumstances, and make optimal choices according to the characteristics of the evidence and background of each case, in order to achieve the goal of maximizing the interests of the parties in the defense.

The above cases have achieved relatively good defense results, and the precise judgment of the defenders on the handling of cases in the judicial system and their abundant criminal defense experience are embedded in the handling of the cases. Duty crime cases handled by the supervisory authorities are often implicated in power and money transactions, involving national and public interests, and the background of the cases is intricate and complex. Against the background of severe punishment of corruption crimes, it is even more necessary to put forward the defense of innocence to face up to the multiple pressures from the case-handling authorities and the parties. In the process of handling the case, the advocate actively communicates and negotiates with the case-handling authorities, and seeks to maximize the interests of the parties and the effect of the defense on the basis of respecting the facts and the law.