Recently, the third session of King&Capital Law Firm Criminal Defense Lecture was successfully held in King&Capital Law Firm. This activity is the third issue of “Famous Lecture” series, with the theme of “New Problems and Responses in the Defense of Current Functional Crimes”, Mr. Ruan Qilin, Professor and Doctoral Supervisor of China University of Political Science and Law, was the guest speaker, and Mr. Tian Wenchang, Honorary Director of King&Capital Law Firm and General Advisor of King&Capital Law Firm, talked with him, and Mr. Wang Jiuchuan, Director of King&Capital Law Firm, presided over the meeting. Mr. Wang Jiuchuan, the director of Kyoto Criminal Defense Lecture Hall, presided over the meeting. Dozens of colleagues from the legal practice gathered at the scene, focusing on the new changes in the judicial practice of job crimes to carry out in-depth discussions and exchanges.
In his keynote speech, Prof. Ruan Qilin systematically analyzed the current trend of the expansion of the judicial scale of job crimes and the core direction of the defense by combining the relevant cases, such as the guiding cases of the Supreme Law on job crimes trial. He pointed out that as the anti-corruption action continues to deepen, new types of corruption and bribery crimes continue to emerge, and the scope of the determination of corruption and bribery in judicial practice is gradually expanding, bringing new challenges to the defense work.
In the speech, Professor Ruan Qilin analyzed through a number of typical cases: the case of a state employee who asked for the project from the management object and then self-employed and subcontracted for profit, explaining the differences in the definition of the crime of embezzlement and the crime of accepting bribes, and emphasizing the three core points of the defense need to pay attention to; through the case of Mou B who asked for the project and then gave his son to build the project for profit and not guilty, revealing the three keys to the crime; combined with the new type of lending and interest collection, purchase of original shares, mediation and bribery. Combined with lending and interest collection, purchase of original shares, good offices bribery and other new types of cases, pointed out that the current judicial practice of “property benefits”, “power and money transactions” identified the expansion of the boundary trend. He reminded the defense lawyers to pay close attention to the new trends in the trial guidance cases and grasp the entry point of the defense accurately.
Professor Ruan Qilin pointed out that defense lawyers need to strengthen the proof and argumentation of key elements such as “actual control” when responding to the expansion of the judicial scale; in the defense of embezzlement and bribery crimes, they should also pay attention to the space for the application of misdemeanors such as the crime of illegally making profits for relatives and friends, so as to realize the compatibility of crime and punishment.
In the talk session, Mr. Tian Wenchang and Prof. Ruan Qilin had an in-depth dialogue on the core controversial issues in the defense of job-related crimes. Combining his own experience in handling cases, Mr. Tian pointed out the phenomenon of expanding the application of law in the current judicial practice, such as including the promise of accepting a bribe and the agreement to accept a bribe after leaving a job in the determination of accomplished crime, and emphasized the need to adhere to the principle of the law of crime and punishment in the defense, and to be vigilant against the judicial risks brought by “analogy in disguise”.
Regarding the interface between legislation and judicial interpretation, the two professors took the legal application of the crime of false VAT invoice as an example to discuss the controversy over the definition of “behavioral crime” and “result crime”, and emphasized the need for the legal interpretation to return to the original legislative intent, and to take into account the balance between combating crime and safeguarding human rights. The lawyers emphasized the need for legal interpretation to return to the original legislative intent and strike a balance between combating crimes and protecting human rights. Mr. Tian Wenchang suggested that the defense of job-related crimes should pay attention to procedural justice and evidence standards, and that for cases with only verbal evidence but no actual transfer of property, the conviction standards should be strictly grasped to avoid objective imputation.
Professor Ruan Qilin pointed out that defense lawyers need to strengthen the key elements of “actual control”, “market fairness”, “risk and business substance” when dealing with the expansion of judicial standards. When expanding the scale, lawyers need to strengthen the key elements such as “actual control”, “market fairness”, “risk and business substance”, etc., and pay attention to the applicability of misdemeanor crimes such as the crime of illegally profiting for friends and relatives, so as to realize the appropriateness of crime and punishment.
At the activity site, the participating lawyers asked questions on practical issues such as the determination of unlawful benefit of transactional bribery, the calculation of bribe amount of bearer membership, and the determination of authority in bidding agency, etc. Prof. Ruan Qilin and Mr. Tian Wenchang responded to them one by one, and shared their thoughts and skills on defending the case, which led to a warm atmosphere of exchanges at the site.
In his concluding remarks, Mr. Wang Jiu-chuan said that the speeches, dialogues and answers of today's two teachers talked about procedural values from substantive issues, not only criminal law, but also extended to jurisprudence, criminology, and touched on the field of philosophy, reflecting broad knowledge and far-reaching perspectives, and we have obtained the answers to some of the difficult questions, and also realized the relevant principles and methods, and we hope to continue to think about this and exchange ideas. In the future, King&Capital Law Firm Criminal Defense Lecture Hall will continue to take “identifying problems, discussing them together, and proposing solutions” as its purpose, advocate rational thinking and discernment, open and tolerant style, and organize various forms of activities, so as to set up a professional platform for colleagues in the legal profession to connect practice and theory.
Mr. Chu Changzhi, Managing Partner and CEO of King&Capital Law Firm, pointed out in his concluding remarks that this event brought together the wisdom of top experts, which provided valuable guidance for criminal defense lawyers to deal with the new issues of job-related crimes, and he welcomed everyone to continue to participate in future events.
In the future, King&Capital Law Firm Criminal Defense Lecture Hall will continue to launch diversified activities to create a high-quality platform for professional learning, exchanges and cooperation, empower lawyers' colleagues, help the construction of the legal professional community, focus on hotspots and difficult issues in the field of criminal defense, and make efforts to promote the cause of criminal defense.
