By the China University of Political Science and Law School of Criminal Justice and Beijing Yinghe Law Firm jointly organized the 14th Yinghe Criminal Defense Forum - “new supervision law perspective of the defense of office crimes forum” was recently held in Beijing, this forum has many experts in the judicial practice, The forum was attended by many experts, scholars and lawyers in judicial practice. Mr. Xia Jun, senior partner of Beijing Kyoto Law Firm, was invited to participate in this forum as a guest speaker. Combined with his many years of experience in defending office crimes, Mr. Xia Jun shared his practice around the theme of “Space Expansion and Technological Breakthrough in the Defense of Overseas Duty Crimes”.

First of all, in the defense space expansion, lawyer Xia Jun pointed out that criminal lawyers can open up the idea, so that the space of duty crime defense to the depth of the expansion. After the implementation of the new “supervision law”, lawyers in the case of duty crime work center of gravity should be shifted forward, in the supervision and investigation stage can be for the parties and their families to provide legal advice, assist the family to change the coercive measures, writing legal documents and other legal help, through the above legal services timely and effective maintenance of the legitimate rights and interests of relevant personnel. At the same time, Mr. Xia Jun believes that the demand for legal services in the prevention of criminal risk of job-related crimes will certainly grow in the future.

Secondly, in the defense of technical breakthroughs, Xia Jun lawyer focused on three core grasp: that is, the deconstruction of the chain of evidence, communication and negotiation strategy, procedural loopholes in the excavation. Mr. Xia Jun emphasized that these three main grips are the key to break through the predicament of the defense of job-related crimes. In the deconstruction of the evidence chain, can be divided into five steps: focus on the main identity evidence, focus on behavioral evidence, focus on verbal evidence, focus on evidence of property and verification of the legitimacy of evidence collection. In the strategy of communication and consultation, Mr. Xia Jun believes that communication and consultation should always be carried out throughout the whole process of defense of job-related crimes, and positive communication can strive for more legal rights and interests for the parties. In the excavation of procedural loopholes, Mr. Xia Jun believes that the verification of the legality of evidence collection, apply for illegal evidence exclusion; focus on the property coercive measures, over the scope of the seizure, detention, freezing of lawful property to file a complaint or indictment; such as the existence of the case of the abuse of the jurisdiction of the designated, the jurisdictional objections in accordance with the law, and so on, these procedural aspects of the focus can sometimes become a breakthrough in the defense of the case.

Finally, in terms of defense strategy, Mr. Xia Jun shared three feelings: Firstly, criminal lawyers should understand the logic of the accusation, know themselves and their opponents, and have breakthroughs and justifications. In some cases, in the end is to cover up the behavior of power and money transactions or real civil behavior, there are often disputes, which is also the focus of the prosecution and defense, the need for lawyers to accurately screen, so as to launch a reasoned defense. Secondly, whether it is a traditional crime or a new type of crime, we need to follow the “law of crime and punishment” “subjective and objective unity” “doubtful crime from innocence” “Prudence and modesty” and other legal principles. If in the case, there is insufficient evidence, the source of profit, the nature of income is difficult to accurately distinguish or the existence of crime and non-crime nature of the fuzzy situation, it should be in accordance with the principle of “doubtful in favor of the defendant” qualitative treatment, to maintain the criminal law of prudence and modesty, which is also a lawyer needs to pay attention to the focus in the defense. Third, criminal lawyers should learn more cross-field expertise, pay attention to the economic and financial sector dynamics, which is an effective defense of crimes. With the rapid development of science and technology, the transmission of data and information to speed up, complex and diverse financial tools to become a means of crime, such as virtual coins as a hidden tool in the field of active and passive bribery is increasingly used, with the case is increasingly new and difficult and complex, learning the financial field of professional knowledge, we analyze the complexity of the case, find a strong defense point is very beneficial.

This year's Forum on the Defense of Duty Crimes has set up a high-level communication platform for the criminal defense practice and theoretical circles, and the participating experts, scholars and lawyers have carried out in-depth discussions and exchanges on the cutting-edge issues of the defense of duty crimes under the perspective of the new supervision law.

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