Recently, Beijing King&Capital Law Firm's Hu Rui and Ji Ping jointly represented a cross-province “game scoring” criminal case to achieve effective defense. Through accurate analysis of the crime of helping information network criminal activities (hereinafter referred to as “crime of helping letter”) and the crime of disguising and concealing the proceeds of crime (hereinafter referred to as “crime of concealing”), the team of lawyers not only fought for the release of the accomplices from jail, but also assisted in the formation of the “accomplices' merit and the main offender's surrender”. The team not only obtained bail for the accomplices, but also assisted in the formation of the key circumstance of “accomplished crime by the accomplices and self-surrender by the principal offender”, and eventually all the clients were released. The parties and their families sent a banner to express the full affirmation of the professional ability and responsible attitude of the lawyers in this case.
First, the basic case:
Young people seeking employment mistakenly into the “game points” money laundering trap
The “game points” refers to the game virtual coins exchange for legal tender operation, as an emerging network capital flow mode, often touching the money laundering channel. In this case, Wu Mou (a pseudonym), Gu Mou (a pseudonym) are freshly graduated college students, because of weak legal awareness, gullible network part-time recruitment commitment, involved in such funds settlement operation, and ultimately involved in a cross-provincial criminal case.
This case is a multi-provincial joint criminal case, the public security authorities initially Wu, Gu suspected of concealing the crime of investigation, Gu criminal detention measures taken in accordance with the law, the main culprit Wu was listed as a fugitive on the Internet.
Second, professional intervention:
Accurately formulate the defense program, provide solid legal support
The lawyer team accepted the commission, the first time to meet with Gu, through the understanding of the case chat records, the flow of funds, participation in the number of key details, in-depth study of the degree of participation and subjective cognitive state, to determine its actual role in the criminal chain.
The lawyer team found that, although Gu realized that the funds may be “irregular”, but did not clearly know that it was the proceeds of crime, and its actual role in the case is secondary, is a first-time offender, belongs to the auxiliary participants used by the criminals.
Based on this, the lawyer team to develop a systematic defense strategy: First, accurate analysis of the characterization of the crime, put forward the legal characterization of the facts of the case; second is to actively strive for the identification of accessory to the crime, focusing on the auxiliary status of the parties; third is to guide the parties to take the initiative to cooperate with the judiciary, the full implementation of the statutory leniency circumstances, in order to follow up to lay a solid foundation for an effective defense.
Third, the crime analysis:
Clarify the “crime of concealment” and the “crime of helping the letter”.
Rationalization of Case Characterization
In criminal cases involving “two cards” and network fund settlement, the identification of the crime directly affects the outcome of sentencing. The statutory maximum term of imprisonment for the crime of concealment can be up to seven years, while the statutory maximum term of imprisonment for the crime of helping the letter is three years. The core difference between the two lies in the specific degree of subjective knowledge: the crime of helping the letter only requires “general knowledge” (i.e., the knowledge that another person may use the information network to commit a crime); the crime of concealment requires “specific knowledge” (i.e., the clear knowledge that another person may use the information network to commit a crime). "(i.e., explicitly knowing that the funds handled were the proceeds of crime). Combined with the facts of this case, the characterization of the client's behavior as the crime of helping the letter is more in line with the facts of the case and the provisions of the law.
The lawyer pointed out that Gu only had “generalized knowledge” (only realizing that the funds might be irregular), and did not meet the constitutive element of “specific knowledge” (explicitly knowing that the funds were the proceeds of crime) for the crime of concealment, and should be qualified as the crime of helping the letter. The relevant opinions were finally adopted by the public security authorities, and Gu was changed to be released on bail pending trial.
Fourth, the strategy to promote:
Guiding “accessory to merit + surrender of the main offender”.
Realize leniency in all cases
After Gu was released on bail pending trial, the lawyer team explained to him in detail the legal provisions and applicable conditions of surrender and merit, and suggested that he actively cooperate with the judicial authorities to persuade the main culprit Wu to surrender voluntarily, contributing to the legal leniency of “accessory to merit and the main culprit's surrender”.
In the end, Wu took the initiative to surrender and truthfully confessed to the main facts of the crime, constituting a surrender, can be mitigated, reduced or exempted from punishment; Gu actively assist the judicial authorities to persuade the main offender to surrender, with meritorious performance, can also be mitigated or reduced punishment.
This defense strategy of “accessory merit + surrender of the principal offender” combined with the change of charges effectively promoted the leniency of the whole case, successfully helped the parties to reduce the criminal risk, and ultimately realized the good defense effect that all the parties in the case were released.
V. Flag acknowledgement:
Professional and responsible protection of rights and interests, recognized for fulfilling the important responsibility
After the completion of the case, the client and his family sent a silk banner with the inscription “professional dedication, exquisite law; dedicated, not to be entrusted”. This sixteen words is not only the lawyer's professional services and responsible attitude highly recognized, but also highlights the criminal defense lawyers to protect the legitimate rights and interests of the professional value.
Hu Rui and Ji Ping, with solid legal skills, keen insight into the case and rigorous defense ideas, with a deep understanding of the law and a highly responsible spirit to the client, accurate positioning of the defense of the key points in the complex case, through the precise application of the law and the systematic layout of the strategy, and effectively safeguard the legitimate rights and interests of the client, fully demonstrating the professional criminal defense lawyers professional qualities and values.
