Recently, Attorney Zhu Kun of King&Capital Law Firm achieved a significant victory in a major tax-related criminal case, successfully securing bail for the suspect during the detention phase of the case, thereby restoring his freedom and laying a solid foundation for subsequent defense efforts.

I. Serious Case, Urgent Timeline

The suspect was the cashier of a company that was under investigation for “issuing fraudulent invoices,” leading to his criminal detention by the police. This offense carries severe legal consequences with high statutory penalties. If approved for arrest, the suspect would face a prolonged detention period, potentially devastating his career and family life. The family was deeply concerned and immediately retained Attorney Zhu Kun to intervene.

II. Immediate Intervention and Professional Consultation

After accepting the commission, Attorney Zhu Kun immediately met with the defendant. The consultation was not only to understand the case but also to stabilize the defendant's emotions and establish the foundation for the defense strategy. Through in-depth and detailed communication, Attorney Zhu Kun fully grasped key information such as the defendant's job responsibilities, specific work content, and the scope of their knowledge regarding the company's business operations.

III. Adhering to the Innocence Defense, Precision Strategy

Based on the information obtained during the meeting, Attorney Zhu Kun conducted a rigorous legal analysis and concluded that the case raised significant doubts. He therefore decided to adopt an innocence defense strategy. The defense focused on two key points:

Lack of Intent: As a cashier, the client's duties were limited to routine cashier tasks and did not involve participation in the company's core business decisions, procurement, or sales processes. Subjectively, the client was unaware of and lacked the ability to know about the issuance of fraudulent invoices, and thus did not possess the criminal intent to defraud the state of tax revenues.

Objective lack of action: All of the defendant's actions were carried out within the scope of his duties, performing normal cashier duties, and he did not actively participate in or assist in the specific criminal act of issuing fraudulent VAT invoices.

IV. Successful bail, a stage victory

Based on the above analysis, Attorney Zhu Kun submitted an “Application for Change of Compulsory Measures” to the public security authorities, but it was not approved. Attorney Zhu Kun did not abandon the not-guilty defense and continued to meet with the suspect to gather more details about the case. On the 27th day of the suspect's detention, Attorney Zhu Kun communicated with the public security authorities again and proposed the not-guilty defense and bail opinions. Ultimately, the suspect was granted bail on the 30th day of detention. The suspect was able to reunite with his family and avoid further detention.

Translated with DeepL.com (free version)