Recently, Beijing King&Capital Law Firm, Chen Sai Nan lawyers acting on behalf of Wang Mou suspected of illegal business case has made a major breakthrough, by virtue of professional and exquisite legal literacy and rigorous and meticulous style of handling the case, after a professional defense and multi-party communication, the procuratorial authorities finally adopted the views of lawyers, suspected of illegal business involving more than 10 million yuan of the suspect Wang Mou to make a decision on the arrest of the suspect not to be approved, and effectively safeguarded the client's legal rights and interests. Lawful rights and interests.
In this case, the party WangMou because of his wife's supermarket suspected of illegal operation of tobacco monopoly by the public security bureau investigation, the amount of money involved is up to more than ten million yuan, WangMou and his wife were taken criminal compulsory measures. Sudden criminal prosecution of Wang Mou and his family into a huge predicament, 85-year-old mother suffering from diabetes need specialized care, the family's only source of economic resources of the supermarket because no one business is on the verge of closure, the whole family is faced with economic and spiritual double pressure.
After accepting the commission, Chen Sai Nan lawyer first time to intervene in the case, quickly launched a comprehensive and detailed investigation and legal analysis. Through several meetings with the parties, combing the case materials, the lawyer found that there are three key breakthroughs in this case: First, the supermarket held a legally valid tobacco monopoly retail license, the essence of the case is over the scope of business, rather than criminal law in the sense of “unauthorized” illegal business, in line with the supreme people's court in the relevant approval of the “Secondly, Wang Mou is only a temporary domestic helper, not involved in the core aspects of supermarket business decision-making, docking of goods, pricing and accounting, etc., and lacks subjective cognition of the so-called ”illegal business", and does not have the subjective willfulness and objective behavior required for the crime of illegal business. Thirdly, all the cigarettes involved in the case were genuine cigarettes, which did not cause loss of national tax revenue or damage to consumer interests, and the social harm was significantly lower than that of operating counterfeit cigarettes and smuggled cigarettes without a license.
Based on the above key facts and legal basis, chen sai nan lawyers developed “not only fight for innocence, also fight for the bail” of the two-tier defense strategy. On the one hand, Chen lawyers to the investigating authorities to submit a detailed legal opinion should be withdrawn, clearly pointed out that Wang's behavior does not meet the constitutive elements of the crime of illegal business, this case should be the scope of administrative supervision rather than the scope of criminal prosecution; On the other hand, Chen lawyers to the procuratorial authorities to submit the legal opinion does not authorize the arrest of the Wang does not constitute a crime at the same time, combined with the family's special difficulties and other factors, according to the law, it should be His arrest should not be approved.
In the many rounds of communication with the authorities, Chen Sai Nan lawyers fully elaborated the facts of the case, the legal basis and humanitarian considerations, clearly responded to the questions of the authorities, and its professional views have been highly valued and recognized by the procuratorate. Finally, the procuratorate adopted the opinion, according to the law to make the decision not to approve the arrest, wang mou can be released on bail pending trial, return to the family to take care of his sick mother, maintain the family livelihood.
The successful release on bail pending trial of the illegal business case involving more than 10 million yuan not only highlights Chen Sainan's solid legal skills, precise case research and judgment ability and efficient communication and coordination skills, but also reflects the judicial practice of China's “subject-objective unity”, “criminal law modesty” and other basic principles. "and other basic principles of judicial practice, and the temperature of judicial humanistic care.
In the future, Beijing King&Capital Law Firm will continue to uphold the practice philosophy of “the interests of the client as the core”, with professional, rigorous and responsible practice attitude, to provide more clients with high-quality and efficient criminal defense services, and help maintain justice and the legitimate rights and interests of the clients.
