Recently, Beijing King&Capital Law Firm Qian Hao, Hu Rui lawyers acting on behalf of an illegal absorption of public deposits, in the amount of money involved up to nearly 40 million yuan, the parties both “investors” and “suspects” double identity, the case characterization of the controversial multiple pressures In the case, the amount of money involved was as high as 40 million yuan, and the parties were both “investors” and “suspects”, and the characterization of the case was highly controversial. Relying on the core facts of the case of accurate control, systematic defense strategy construction, as well as the “37 days of golden rescue period” of efficient grasp, the case lawyers successfully promote the procuratorial authorities to adopt the defense opinions, the parties to make the decision not to approve the arrest, to help the parties to regain their personal freedom.
First, the core of the case: with friends and family investment involved in non-suction case, multiple dilemmas intertwined
This case originated from the investigation and handling of a case of illegal absorption of public deposits by a certain asset management company in Beijing, and the person concerned was listed as a suspect for allegedly carrying out the act of business introduction, and the public security authorities alleged that the amount involved was nearly 40 million yuan, which reached the standard of “huge amount” stipulated in the criminal law. After the client was detained, his family urgently appointed Qian Hao and Hu Rui to intervene in the defense.
Compared with ordinary cases, this case has three special contradictions, which brings great challenges to the defense work: first, the identity of the duality, the person is not the company's employees, did not sign a labor contract, his own and his family's cumulative investment of nearly 20 million yuan to the company, he is also a victim of the case, and both “investor” and “suspect” dual. “Secondly, the subjective cognitive ambiguity, the person concerned is trusting the company's ”legal compliance" publicity and investment, and then through the circle of friends and relatives to introduce the business and get a small amount of commission, the company's actual mode of operation, the flow of funds and other core criminal facts are completely unaware of; thirdly, the company's employees, no labor contract. Third, the complexity of the correlation of evidence, the flow of funds involved in the case and the legal relevance between the parties involved in the introduction of behavior need to be precisely defined.
Second, professional breakthrough: in-depth study, build multi-dimensional defense system
After accepting the commission, the lawyer knows that the criminal proceedings of the “golden rescue period” is crucial, every minute and every second is related to the fate of the parties, immediately start the defense procedure. Each meeting will focus on the defense of the “factual clarification + legal characterization + policy fit” three core, through in-depth communication with the client, accurately grasp the core details of the case.
On this basis, the lawyer gradually completed the whole case research and judgment, build up a multi-dimensional defense system: First, the identity and role of the definition, clear the identity of the party is not an employee of the company's outsiders, clear in the case only for the introduction of the business of the auxiliary role, rather than the organization, planning, or the main implementer; Second, the subjective intent to exclude, combined with the party's own investment experience and the cognitive degree of the company's operations, layer by layer to exclude the subjective intent to have illegal absorption of public deposits. The subjective intention of illegal public deposit absorption; Third, the victimization attribute reinforcement, emphasize the core attributes of the victim as the case; Fourth, the policy is appropriate argument, closely combined with the “less arrest, careful prosecution, careful custody” criminal justice policy, the argument of the parties in this case not to arrest the appropriateness of the.
At the same time, the lawyer synchronized with the public security organs for many times, take the initiative to reflect the case to the case officer, and submit the relevant evidence materials, preliminary defense core viewpoints, for the subsequent defense work solid foundation.
Third, communication and attack: professional drive consensus, defense opinions were adopted.
Communication in this case is called “war of attrition” - due to the case of the procuratorial organs of the large number of cases, busy affairs, there are often difficult to call, communication difficult to promote the situation, many lawyers have been encountered "no communication door "The predicament. In the face of the obstacles, the lawyer adhering to the principle of “for the client to fight for every ray of hope”, “written advice first + written appointment with the prosecutor + continuous communication follow-up” combination strategy, with professionalism and sincerity to break through the communication barriers.
The case has just entered the review and approval stage, the case lawyers will write a detailed defense opinion, with the relevant evidence materials submitted to the Procuratorate at the first time, quickly complete the initial docking with the prosecutor. In order to ensure that the prosecutor fully grasp the details of the case, the case lawyers continue to take the initiative to docking, through written appointments with the prosecutor and other positive ways, and finally with the prosecutor to establish effective communication channels.
In the communication, the lawyer focuses on the core argument and the special characteristics of the case, combined with the laws and regulations and “less arrests, prudent prosecution, prudent detention” criminal policy fully explained. After many rounds of professional communication, the prosecutor's knowledge of the case has undergone a fundamental change, fully recognized the views of the defense lawyer, that there are many special features of this case, the party does not meet the legal conditions of arrest.
Fourth, the results show: not to be arrested to regain freedom, professional defense guarding justice
At the expiration of the period for review and approval of arrest, the procuratorial authorities formally made a decision not to approve the arrest. The person concerned walked out of the detention center, and waited outside the family embraced and cried, this lasted 37 days of urgent defense drew a successful conclusion.
The client and his family expressed their deep gratitude to the professional ability and dedication of the lawyers in this case, and they said that in the case of huge amount of money involved, complex case, and great difficulty in communication, it was the lawyers in this case who gave them hope with their precise defense and unremitting efforts. For the lawyers in this case, the success of the defense is not only a performance, but also the practice of the concept of “entrusted by others, loyal to others”.
The successful defense of this case, not only to protect the legitimate rights and interests of the parties, but also highlights the justice and warmth of the law. In complex criminal cases, each party enjoys the legal right to obtain a fair defense. The two lawyers in this case demonstrated the “rapid response, accurate research and judgment, tough communication, comprehensive defense” approach, which once again proved that the effective defense of professional criminal defense lawyers is an important guarantee to ensure that the case can stand the test of law and history.
