In early 2024, Zhang, an HR manager at a well-known internet company, was investigated by the company's anti-fraud department and referred to the public security authorities for criminal investigation. The core of the allegations was that Zhang had lent the company-issued work computer and company system account to her friend Wang for use, during which time tens of thousands of resumes stored on the computer and within the system were downloaded and leaked. Given that Zhang and Wang also had certain financial dealings, Zhang was suspected of accepting commercial bribes and selling citizens' personal information to others. She suddenly faced two criminal charges: bribery by a non-government employee and infringement of citizens' personal information. In desperation, she commissioned Peng Jiyue and Feng Wang, lawyers from King&Capital Law Firm, to defend her.
I. Breaking the Deadlock: Dismantling the Prosecution's Logic Through Investigation and Evidence Collection
After accepting the case, the defense attorneys conducted a comprehensive analysis of the case files and identified significant room for defense.
Zhang Mou is an HR executive, and her friend Wang Mou works in recruitment. The two met and developed a good friendship through their work. Bank transaction records obtained by the police showed that there were indeed economic transactions totaling several hundred thousand yuan between Wang Mou and Zhang Mou. Given their special professional relationship, these transactions were particularly sensitive. To refute the charge of non-state employee bribery, it was necessary to clarify the nature of these economic transactions.
The legal team communicated with the defendant multiple times, helping him recall the specifics of each transaction. After relentless efforts, they finally guided the defendant in retrieving bank account information from years ago, proving that a large transaction between Zhang and Wang was indeed a loan and that Zhang had already repaid it.
Regarding the charge of infringing upon citizens' personal information, the defense counsel conducted a more in-depth and extensive investigation and evidence collection. In this case, there is no dispute that Zhang lent his computer and company account to Wang for use, during which his resume was downloaded in large quantities. However, Zhang argued that he lent his computer to Wang for the purpose of internal training courses on short video production and had no intent to illegally provide his resume to Wang.
The defense attorney used this as a lead to obtain WeChat chat records between Zhang and Wang, as well as electronic evidence such as the video account Wang opened during the relevant time period, providing more substantial factual basis for Zhang's defense.
Many parties involved in criminal cases do not lack reasons for self-defense, but they are unable to independently find sufficient facts and evidence to support their claims. Additionally, due to a lack of legal knowledge, they are unable to quickly identify the focal points of the case and use them as a starting point to collect evidence. This is precisely one of the important values of lawyers. Some lawyers believe that investigating and collecting evidence is risky and are always cautious about it. In our view, as long as it is conducted in accordance with the law and regulations, the risks of investigation and evidence collection are controllable, and the benefits outweigh the drawbacks for the case. In many cases, only through in-depth investigation and evidence collection can the truth be restored and a groundbreaking defense effect achieved.
II. A Thoughtful Defense Evokes a Rational Resonance of Judicial Compassion
The defense lawyer promptly drafted legal opinions based on thorough investigation and evidence collection and submitted them to the procuratorate. Additionally, based on the focus of the case handlers, the defense strategy was adjusted in a timely manner, with a total of five legal opinions submitted. Beyond discussions on the application of the law and analysis of evidence, the defense also addressed the social impact of the case, pointing out that the case did not cause substantial social harm, the suspect did not profit from selling personal information, and the actions did not disrupt the work or lives of relevant individuals. The circumstances were minor, and criminal prosecution was deemed inappropriate.
Ultimately, the procuratorial authorities accepted the lawyers' opinions, concluding that the charge of bribery by a non-state employee was not established, and that the offense of infringing upon citizens' personal information was minor in nature and not prosecutable. While mechanically applying legal provisions may seem straightforward, judicial work is not like an automated machine—where facts are input and results are automatically produced. Judicial decisions must consider not only legal factors but also the social impact of the case, as the ultimate goal is not to imprison individuals but to promote a more stable and harmonious society. In this regard, the defense counsel also extends their respect to the prosecutors for their judicial compassion and professional responsibility!
III. Criminal Legal Risks for Corporate Executives Deserve Attention
Corporate executives are industry elites and outstanding individuals, as well as valuable human resources for society. However, with great ability comes great responsibility, and greater responsibility brings greater risks. Among various risks, criminal legal risks are the most “fatal.” Even if they do not ultimately affect one's freedom, they often inflict devastating blows on one's career. For those who have worked hard to build a successful career, this is undoubtedly a great tragedy and regret. The legal team in this case has, over the course of their careers, defended senior executives from companies such as Baidu, 360, R&F Properties, Lenovo's top distributor, and CITIC Group, among others. Their understanding of the criminal legal risks faced by corporate executives is particularly profound.
In reality, criminal risks do not suddenly emerge like a flood; there are often opportunities to mitigate them along the way. For example, seeking legal consultation promptly upon recognizing decision-making risks, seeking leniency through self-surrender during investigations, timing evidence collection strategically during litigation, and applying for bail are all potential avenues. Of course, this requires professional assistance and depends on the specifics of the case. Regardless, a strong legal awareness is essential for navigating one's career with stability and foresight.
