On August 21, 2025, King&Capital Law Firm successfully held the Seminar on Difficult Problems of Functional Crimes and the book release of “Analysis of Typical Cases of Case Handling Strategies and Psychological Attacks and Defenses of Functional Crimes in the Financial Sector”. Tian Wenchang, Honorary Director of King&Capital Law Firm and Advisor of Criminal Professional Committee of All China Lawyers Association, Liang Yali, Senior Partner of King&Capital Law Firm and Director of Criminal Defense Research Center, Men Jinling, Senior Partner of King&Capital Law Firm, and Xu Wei and An Hongpeng, Partners of King&Capital Law Firm, Han Ruiqi, and Xu Yujie were present to give speeches, and Fu Qingtao served as the moderator.
Book Launching Stage
First of all, Liang Yali lawyer delivered a welcome speech, Liang grandly introduced the author of the new book An Hongpeng lawyers, its new book “financial field of job crime handling strategy and psychological attack and defense typical case analysis” in the Law Press to congratulate the publication of the book, that the book condenses the author of many years of practice and theoretical reflection on the results of not only the professional precipitation of a concentration of the presentation, but also to give back to the industry, the service of customers a sincere We hope that the publication of the new book will bring enlightenment and harvest for everyone.
Afterwards, the author of the new book, Mr. An Hongpeng, explained the original intention of the book, that writing is very beneficial to the growth of lawyers, and combined with his experience in the procuratorate, discipline inspection and supervision authorities on the impact of the book, as well as the financial field of crime as the theme of the new book of several points of consideration to share. At the same time, Mr. An introduced the new book's serious creation process, striving to be both theoretical, practical and readable, and hoping that the new book can become a practical guide that faces the pain points of the market and responds to the concerns of clients. In addition, Mr. An also pointed out that defense lawyers should focus on standing in the opponent's point of view, studying their ideas and methods of conviction, and analyzing and thinking about our own defense strategy, which is both a unique perspective and a very favorable working method.
Finally, lawyer Tian Wenchang commented on the new book summary speech. The financial field of job crime case strategy and psychological attack and defense typical case analysis of the publication of the book to give affirmation and congratulations, that this book is “born in response to the need”, pointing out that the difficulty of the job crime cases, the financial field of job crime cases is even more difficult, it is necessary to deepen the study; Kyoto all writing tradition and happy results, always adhere to the theory of the case, the case of the case is very difficult, it is necessary to deepen the study; Kyoto all writing tradition and happy results. Pleasing results, always adhere to the combination of theory and practice, I hope that lawyers can always adhere to and focus on individual crimes in-depth study, pay attention to the civil and criminal law comparative study, not only to increase the number of writings, but also to improve the quality of writing. In addition, Mr. Tian also combined his own experience and the founding and development of King&Capital Law Firm to give examples to illustrate the importance of writing for the growth of lawyers and the development of law firms, and encouraged all of them to use their brains and pens diligently, and to produce more results, and to produce good results.
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As Tian Wenchang and Liang Yali slowly unveiled the red cloth, “Analysis of Typical Cases of Case Handling Strategies and Psychological Attacks and Defenses for Job-related Crimes in the Financial Sector” was displayed in front of all of us and formally released.
Thematic Seminar Stage
Keynote Speech
First of all, the speech of lawyer Men Jinling centered on the defense of “undue advantage”. According to Ms. Men, Article 388 and Article 389 of the Criminal Law both stipulate that seeking “undue advantage” is a constitutive element of a crime, and in the underlying logic, if the behavior is legal, then it should be presumed to be seeking legitimate interests, and if the behavior is not legal, then it may not necessarily be an undue advantage. She cites a case to explain the law, combining a specific case in which a person was solicited for a bribe, to explain the difference between the concepts of legitimate interest and legal interest, as well as the fact that illegitimate interest is not the same as improper interest.
Mr. Xu Wei took the topic of “Determination of Inducement and Exclusion of Illegal Evidence in Duty Crimes” as his topic, focusing on the implementation of the new Supervision Law, and analyzing the definition of the concept of inducement and deception of confession, its actual harm and the boundary with the normal interrogation strategy. He analyzed the judicial status quo of excluding induced and fraudulent confessions and the reasons why the exclusion application was rejected, interpreted the optimization of the synchronous audio-video recording retrieval procedure in the newly revised Supervision Law and its implementing regulations, and put forward the key points of the exclusion application: how to seize the criticality, contradiction, clarity, and seriousness of the evidence to construct the logic of exclusion, so as to draw the attention of the judiciary to the unlawful evidence.
Lawyer An Hongpeng delivered a speech titled: “Analysis of Typical Cases of Functional Crimes in the Financial Field - Defense and Prevention Skills from the Perspective of Case Investigation”. In the speech, Mr. An shared his understanding of the “new” “hidden” corruption in the financial field, outlined the new features of the investigation and handling of cases of job-related crimes under the current new situation and the new thinking triggered, and focused on the two cases in the new book, based on the investigation and defense of both sides, to give a case-based speech. Focusing on the two cases in the new book, based on the investigation and defense, the book provides case-based lectures, “offensive and defensive” analysis and interactive research to clarify the key points of judicial determination of embezzlement and illegal loan issuance, and to improve the defense and prevention skills.
Speeches
Mr. Han Ruiqi thought that the new book of Mr. An Hongpeng has two highlights, one is the portrayal of the mentality of the suspect before and after the crime, and the other is the addition of financial knowledge. He said that in practice, lawyers should pay full attention to the issue of synchronous audio and video recording of interrogation, and at the same time, they should strengthen the learning of professional knowledge outside the legal profession, while the supplement of financial knowledge in lawyer An's new book is rare in similar works, which is worth learning and drawing on.
XuYuJie lawyer talked about the face of today's job crime defense space is getting smaller and smaller reality, as a defense lawyer how to do effective defense of this topic. Xu lawyers through the recounting of personal experience of the two cases summed up, in individual cases to find the case eye, whether it is the case of factual issues, procedural issues or the seizure of property involved in the defense, to find the direction of the most critical issues for the most critical issues for the fine work, the defense work to do refinement, extreme, even if the defense of space is limited, but also often can play a good defense effect.
Interaction
Exchange and interaction, the participants around the exclusion of illegal evidence, how to communicate with the Supervisory Commission case handlers and other difficult and complex issues in the case of job crimes were discussed warmly and in-depth. At the end of the activity, Mr. An Hongpeng signed the book, and the atmosphere was warm.
This activity not only shows the King&Capital criminal business professional level, but also discussed the difficult problems in the practice of job crime cases. The “difficult problems of job-related crimes” seminar series will continue to be held, and we sincerely invite people from all walks of life to pay attention to participate.
Translated with DeepL.com (free version)