Recently, King&Capital Law Firm partner Mr. Chen Fei made a major breakthrough in the case of Zhao Mou suspected of illegal business operation. After professional defense and multi-party communication, the procuratorate finally adopted the lawyer's opinion, and made a decision of not approving the arrest of Zhao, who was suspected of illegal business crime involving more than 10 million yuan.

First, the difficulties of the case are outstanding.

Defense work faces serious challenges

In this case, zhao mou since 2017 to rent “a food supermarket” and use the supermarket according to law to obtain the tobacco monopoly retail license to engage in tobacco business, the amount of money involved is more than 10 million yuan.

The case is not only the amount of money involved is particularly huge, the facts of the case are complex, and the case is a municipal procuratorate in the handling of related cases found in the criminal clues, transferred to the city public security organs of the environment, food and drug investigation detachment investigation, procuratorial organs of the case of the formation of inherent cognition of the subject matter.

Public security organs in the investigation process, Zhao “rent a license to operate” behavior adhere to the criminal law sense of the “unlicensed operation”, the case was transferred to review the arrest has formed a more solidified tendency to find guilty.

Second, professional defense, layer by layer.

Break the inherent cognition of the case-handling organs

After accepting the commission, Chen Fei lawyers work solidly and gradually promote the defense process. First of all, many times to meet and communicate, in a month, several times to meet with the party, detailed understanding of the business model and details, and combing case materials, submit the agreement signed by the party and the landlord and other important evidence, consolidate the factual basis of the defense. Secondly, the firm conducted in-depth research on case precedents, searching and organizing more than 30 similar cases across the country in the past five years, refining the favorable rules of adjudication, and forming a systematic search report on similar cases. At the same time, Chen conducted in-depth argumentation on the core point of contention of “whether operating under a lease constitutes the crime of illegal business operation” from various dimensions such as jurisprudence, judicial interpretations, and judicial practice.

In the process of handling the case, Chen Fei lawyer has several times with the authorities face-to-face communication, and gradually advance, defense views were adopted. The first communication, the investigating authorities on the lawyer's “does not constitute a crime” point of view with reservations. Chen Fei lawyer was not discouraged, in the follow-up work many times with the investigating authorities, and for the communication of the investigating authorities to refine the idea of conviction, targeted reasoning response.

In the stage of reviewing the arrest, Chen timely submitted to the procuratorial authorities of tens of pages of “not approved arrest legal opinion”, with a case search report and related evidence materials. Through the appointment with the prosecutor, Chen Fei lawyer on the case focus of controversy and the prosecutor for in-depth communication and exchange, one by one to respond to the prosecutor's questions.

Eventually, the procuratorial authorities adopt the lawyer's opinion, that Zhao does not meet the arrest conditions, according to the law to make the decision not to approve the arrest, the public security organs according to law to change the compulsory measures for bail pending trial. This result not only safeguard the legitimate rights and interests of the parties, but also for the handling of similar cases provides a valuable reference.

The success of this case, thanks to Chen Fei lawyer on the tobacco monopoly field of laws and regulations of in-depth study, as well as on the illegal management of the crime of the elements of the precise grasp. In the process of handling the case showed professionalism and persistence, fully embodies the King&Capital Law Firm lawyers “the pursuit of excellence, not to be entrusted” service concept.

King&Capital Law Firm will continue to give full play to its professional advantages in the field of economic crime defense, and contribute to safeguarding the legitimate rights and interests of the clients and promoting justice.