Recently, Xu Wei, He Shunqi lawyers acting on behalf of a live platform to open a casino case, after the defense of the lawyers, the court ruled in the first instance that the defendants in the whole case are applicable to probation, as the first defendant of the party to obtain the opportunity to leniency, the company's other employees are also applicable to probation, the sentence has come into effect.
First, the basic situation
The party Zhang is the actual controller of a company, the company develops voice chat software, and set up in the software to shoot fortunate type of game. Because the software has the function of withdrawing cash, so Zhang and the company's employees are suspected of opening a casino was criminal detention, part of the employees because of the role of the status of the reason has been first bail, but Zhang and the company's other executives were arrested.
Second, the intervention of lawyers
After Zhang was arrested, the family through the Internet to understand the lawyer's information to come, hope that the lawyer intervened in the case to play the lawyer's professional role, to give the optimal case processing program. Lawyer intervention after the first time to meet, understand the previous statement and the basic facts of the case. After preliminary research and judgment, this case for the innocent defense space may be very small, the lawyer suggested that the client and the family can consider the sentencing defense, but can't promise probation results, although the lawyer's opinion and the family and the client's expected gap, but the family and the client to the lawyer gave full trust, willing to accept the lawyer's defense strategy, and actively cooperate with the lawyer's work.
Third, the lawyer strategy
The lawyer carefully and carefully study the facts and evidence of the case, that the focus of the case is the amount of money and illegal income recognized, at present, this part of the fact that there is insufficient evidence. Therefore, during the investigation, the lawyer does not suggest that the person concerned take the initiative to hand over the illegal income, and suggests to wait until the examination and prosecution, the lawyer to review the evidence of the whole case and then make a decision.
During the review and prosecution, the lawyer reviewed the evidence of the whole case, and many times to the authorities on the amount of determination of the problem of face-to-face communication and exchange. Although the contractor clearly indicated that the amount of the case exceeded the sentencing file too much, there has never been a precedent of probation, nor has there been a precedent of probation for the whole case, but the lawyer still insisted on clearly expressing the professional opinion on the case, firstly, the amount of the case and the amount of the illegal income identified electronic data there are problems, the amount of the public security organs suggested that the allegations should be reduced; secondly, if the person concerned in the one-time payment of the illegal income of the case, the Second, if the person concerned pays all the illegal proceeds in one go, it is recommended that he be released on bail pending trial and be put on probation.
After professional and active defense, and the client's active cooperation, the lawyer successfully reduced the amount of illegal income of about 3 million yuan and obtained the first case of bail during the review and prosecution, the client is the first suspect, the order of suspects were released at the same time. In order to express the lawyer's gratitude, the client and his family sent the “crystal banner” at the first time.
The trial was uneventful
Everything was going in the right direction, the client signed the plea bargain and was freed in advance, and was reunited with his family smoothly. To the day of the trial, the whole trial process lasted about 1 hour, there is no heated argument in the trial, the party expressed deep remorse to the court, but the effect of the case has been highly affirmed by the parties and their families. Behind all of this is a team of lawyers on the King&Capital firm “the pursuit of excellence, not to be entrusted” philosophy of practice.
At this point, the defense work is over.