Recently, Yang Ye, a lawyer from Beijing Juyou Law Firm, was retained to serve as defense counsel in a case involving the infringement of citizens' personal information. Leveraging his exceptional professional expertise and meticulous defense work, Yang Ye secured a favorable outcome for the defendant in the case, including probation, a reduction of nearly half of the illicit gains, and a 60% reduction in fines and compensation for the civil public interest litigation.

This case has the following notable characteristics and challenges:

1

A large number of involved parties: There are a total of 21 defendants in the case, with complex and intertwined circumstances.

2

Special status of the defendant: The defendant in this case was the seventh defendant, and their actions were deemed to constitute joint criminal conduct with three other co-defendants in the case, posing challenges in determining responsibility allocation and the role of each defendant.

3

Significant amount of alleged illicit gains: The prosecution alleged a substantial amount of illicit gains, as well as significant fines and civil public interest litigation compensation, which imposed a heavy economic burden on the defendant.

After receiving the client's mandate, Attorney Yang Ye thoroughly reviewed the case files, identified the key details of the case, and conducted precise defense:

1. Focusing on liability determination and role differentiation: Regarding the key points of the client's involvement in the joint criminal offense, we conducted an in-depth analysis of their status, role, and specific actions within the joint criminal offense.

2. Carefully calculating illicit gains and vigorously arguing the case: For the alleged amount of illicit gains, he conducted a meticulous review and calculation, successfully identifying errors in the allegations, and conducted multiple investigative and evidence-gathering efforts. After multiple communications with the presiding judge, he ultimately persuaded the court to reduce the alleged amount of illicit gains (successfully reducing it by nearly half).

3. Focusing on property penalties: Based on the reduced amount of illicit gains and the defendant's role in the joint criminal activity, we argued that the fine should be reduced. Ultimately, we successfully secured a 60% reduction in the fine for the defendant. Additionally, since the case involved public interest, the prosecution simultaneously filed a criminal附带民事公益诉讼 (civil public interest lawsuit) seeking compensation from the defendant. Based on the successful reduction of illicit gains in the criminal case, we argued that the compensation amount should be adjusted proportionally. This argument was again supported by the court, and the amount of compensation in the civil judgment was also reduced proportionally.

King&Capital's lawyers adhered to the attitude of fully protecting the legitimate rights and interests of the party, and with their superb professional skills, rigorous and meticulous defense work, and accurate grasp of the core points of contention in the case, they helped the party obtain a suspended sentence and greatly reduced the party's financial burden. The result of the defense fully reflected the principle of proportionality between crime and punishment and effectively upheld judicial justice.

Translated with DeepL.com (free version)