Defense effect:

Zhang Xiaofeng lawyer defense of a bribery case, a municipal supervisory committee of the indictment transferred the bribery facts of a total of eleven, the amount of the crime is more than 3.19 million yuan. After the defender met and fully read the work, found that many facts there is insufficient evidence or factual errors. After continuous communication with the public prosecution, in the stage of review and prosecution, a district procuratorate recognized some of the views of the defenders, and in the prosecution of the facts of the alleged crime of passive bribery was reduced to nine, the amount of the crime was found to be 2.05 million yuan, a reduction of the amount of the crime of about 1.14 million yuan.

After the preliminary communication results in the review and prosecution stage, the defense believes that there are still some problems with the amount of the charge, therefore, it is not satisfied with some of the concessions made by the public prosecution, but continues to raise the evidence problems of the case with the public prosecution and the panel, and strives to take out all the disputed amount.

In the defense of the reasoning, a district prosecutor's office in the trial before the decision to change the indictment, the alleged facts of bribery reduced to eight, the alleged amount of the crime reduced to 1.55 million yuan, and successfully removed all the disputed facts of the crime. After the defense of this case in the review and prosecution stage and trial stage of the full communication before the trial, seize the evidence of the problems, successfully reduced the amount of bribes from 3.19 million yuan to 1.55 million yuan before the trial, not only successfully reduced the criminal suspect may face from more than ten years of imprisonment to more than three years to less than ten years, and reduce the amount of restitution of more than 1.64 million yuan.

Defense experience:

First, the details determine success or failure, review the evidence to pay attention to the changes in the verbal evidence

In bribery cases, often the verbal evidence between the bribe giver and the bribe taker has a high degree of consistency, in this case, focus on reviewing whether there are changes in the verbal evidence of the two sides, whether there are self-contradictory places. In this case, after the defense of the verbal evidence of combing, found that for a bribe fact, the testimony of the bribe giver and the defendant's statement there are repeated, from the beginning of the bribe 300,000 yuan to agree, and for the bribe of 300,000 yuan of sources, the bribe giver not only speak very clearly, and provide an objective record of the bank withdrawals. However, later both sides changed the bribe amount to 600,000 yuan, but both sides of the increased 300,000 yuan can not make a reasonable explanation, and the briber can not explain the source of 600,000 yuan. In response to this anomaly, the defense collated a comparison table of the two sides' verbal evidence, elaborating on the process of change, and eventually the public prosecution recognized the defense's opinion and reduced the amount of the charge to 300,000 yuan.

Second, refine the defense, review the evidence to pay attention to the source of the bribe money and the destination of the bribe money

Such as the case took off a 200,000 yuan bribe amount, the bribe can not be clear source of bribe money, the beginning of the statement is their own borrowing from others, but the case unit did not further verify the authenticity of the loan, and then changed his words to say that some of the borrowing, part of their own cash withdrawals, but there is no record of the bank withdrawals to be corroborated. The defense seized on the question of doubtful facts in this case, requesting the public prosecution to verify the source of the bribe, otherwise it should be in line with the principle of doubtful evidence in favor of the suspect can not be determined. After the public prosecution did not prosecute the 200,000 yuan.

Third, to pay attention to the active and passive bribery of both parties whether there is a debt relationship, whether there is evidence to confirm the existence of a debt relationship

In this case, there are a number of allegations of bribery, after the defense of the analysis and evidence, can be proved to bribe the two sides of the creditor-debt relationship, and then argued that the bribe does not have the purpose of illegal appropriation, and its collection of the so-called bribe paid by the civil reasons, should not be treated as a crime. At least in the case of the evidence pointing to the conclusion does not have the uniqueness of the case, should be dealt with in accordance with the principle of doubt in favor of the defendant, and then evaluate the above payment as a loan rather than the crime of bribery.

Fourth, for the low-priced housing category bribery, to grasp the nature of the low price

First of all, in measuring whether the low-priced purchase of housing was established when the crime of bribery, to see whether the low price is significantly lower than the market discount unreasonable low price, pay attention to compare the same time period with the same neighborhood, the same area or floor of the housing sales price. Secondly, it is necessary to examine whether the low price is in line with the characteristics of power and money transactions, and whether the low price is based on the sales means of the market, or based on the public official's gratitude after making a profit. Finally, to review the object of low-priced sales is a specific subject or universal.

Fifth, do not give up until the last minute, listen to the case authorities, improve the defense point of view

Defense of persistence is also what we want to have, but persistence is not blind, we have to listen to the views of the authorities, to find the focus of the dispute between the prosecution and the defense, and combined with the evidence of the case to be resolved. In this case, the prosecution for the defendant's allegations of the amount of the Supervisory Commission referred to the amount of the crime of the two obvious changes, which is reflected in the defense does not give up, through repeated communication as much as possible to solve the focus of contention between the two sides, so as to achieve the purpose of an effective defense.

In short, we in the process of handling this case to uphold the “every amount must stand the test of evidence” of the professional position, to believe that a solid review of the evidence, rigorous legal argumentation, is to promote the case to a more just, fine direction of the key force. We will continue to rely on our professional ability to safeguard the legitimate rights and interests of the parties concerned in the follow-up procedures in accordance with the law, and strive to realize the unity of legal and social effects.