King&Capital Law Firm attorneys Zhang Deshan and Yang Hangsheng recently represented a criminal case of disguise, concealment of proceeds of crime, proceeds of crime, and achieved remarkable defense results. With the professional efforts of the two lawyers, they not only successfully changed the mandatory measure for the client Chen Moumou to release on bail pending trial at the stage of prosecution, but also pushed the procuratorate to adjust the original sentencing recommendation of 6 months to 1 year of imprisonment to 6 months of probation, which was eventually supported by the court's judgment.
In this case, the client Chen Moumou was accused of being involved in the transfer of funds related to the “Feng Mou fraud case”. Zhang Deshan, Yang Hangsheng lawyers in the full meeting with the client, meticulous reading of the file, to the prosecution authorities to submit a key defense opinion, become the core of reversing the direction of the case.
First, the successful argumentation of surrender circumstances, laying the foundation for leniency
Defense lawyers keenly found that the “arrival of the case” (set out Chen Moumou in March 28, 2025 at 10:30 was ‘seized’) and Chen Moumou's own statement and the “search transcripts”, “the first interrogation transcripts” there are contradictions. Based on the latter clear and coherent timeline (Chen received a phone call from the police, the next morning to take the initiative to go to the agreed place to cooperate with the investigation, search and questioning), combined with the relevant judicial interpretations, the lawyer argued that Chen's behavior meets the “initiative to the case” and "truthfully confessed to the main facts of the case "Surrender constitutive elements, according to the law should be mitigated or reduced punishment.
Second, accurate clarification of the amount of money involved in the case, emphasizing the effect of refund of understanding
The defense opinion pointed out that the whole case only involves the victim Fengmou 43145 yuan clear facts, evidence, and the loss has been fully refunded, and obtained Fengmou issued a written “letter of understanding”. The lawyer emphasized that this circumstance should be used as an important leniency consideration in sentencing Chen Moumou.
Third, make good use of plea bargaining leniency system.
Chen Moumou voluntarily pleaded guilty and admitted punishment, and could be treated leniently according to the law, according to which the lawyer further strengthened the lenient defense opinions.
Dynamically assessing the necessity of detention and promoting the release on bail pending trial.
Defense lawyers pointed out that the objective conditions (such as co-defendants have just returned to the case, evidence is still being collected) have fundamentally changed when the case was submitted for arrest. Chen Moumou has surrendered, pleaded guilty and accepted punishment, received understanding and other mitigating circumstances, the risk of recidivism is low, and may be sentenced to a light sentence, no longer have the need for detention. The opinion successfully persuaded the procuratorial authorities to change the mandatory measure to release on bail pending trial before prosecution.
Judgment Result
Based on the above solid and professional defense work, the procuratorial authorities fully adopted the lawyer's opinion, and adjusted the sentencing recommendation when signing the plea bargain. After hearing the case, the court finally sentenced Chen Moumou to six months' imprisonment and one year's probation for the crime of disguising or concealing the proceeds of crime.
[Judiciary's professional performance of duties
The successful handling of this case also benefited from the professional performance and commitment of the procuratorial authorities and the court. In the process of reviewing the prosecution, the procuratorial authorities listened carefully to the defense opinions, carefully verified the contradictions in the evidence, and made timely adjustments to the sentencing recommendations, which fully embodied the judicial principle of taking the facts as the basis and the law as the guideline; the court conducted the trial independently in accordance with the law, comprehensively examined the facts and evidence of the case, and ultimately rendered a fair judgment, which embodied the criminal policy of leniency and judicial responsibility.
Professional Value and Social Significance
The successful defense of this case fully demonstrated King&Capital Law Firm's profound professional expertise in the field of criminal defense. Zhang Deshan, Yang Hangsheng lawyers through:
Fine reading of the file, careful scrutiny, meticulous evidence review: to find and clarify the key evidence contradictions, precise argumentation of the legal mitigating circumstances (surrender).
Accurately grasp the core of the case: focusing on the amount of money involved in the case can be proved and refund understanding of the circumstances, effectively reduce the evaluation of social harm.
Utilizing legal procedural rights: timely review of the necessity of detention to safeguard the legitimate rights and interests of the parties involved.
Effective communication to promote consensus: prompting the judicial authorities to recognize the defense point of view, to achieve substantial optimization of sentencing.
The result not only maintains the legal rights and interests of the parties to the greatest extent possible, so that they are exempted from the actual punishment and can return to normal life, but also reflects the effective operation of the system of leniency of guilty plea and necessity of detention review in our country's criminal procedure, which demonstrates the justice and temperature of the law. King&Capital Law Firm lawyers with its superb professional skills and responsible attitude to practice, once again interpreted the lawyer in the protection of justice, safeguard the legitimate rights and interests of the parties in the key role.
