Recently, Peng Jiyue and Fengwang, a lawyer acting on behalf of a centralized enterprise executives in the case of duty crimes, the defendant was sentenced to fifteen years of imprisonment for the crime of accepting bribes. The case is particularly large amount, complex background, even if the plea of guilty to the case of public prosecution recommended life imprisonment. However, the defense firmly believed that the fact of accepting bribes amounting to nearly 70 million yuan was not established, and the defendant fully recognized the defense's defense opinion and did not sign a statement of guilty plea and acceptance of punishment at the stage of examination and prosecution! Finally, the defendant was sentenced to fifteen years in prison for the crime of bribery.
First, the case is significant, the National Supervisory Commission designated foreign jurisdiction, the Procuratorate recommended a sentence of life imprisonment
The defendant in this case is a senior executive of a central enterprise, and he is suspected of two crimes of accepting bribes and giving bribes, with a total of multiple facts, the largest of which is the fact that the defendant agreed to accept a bribe of 150 million yuan, and actually obtained nearly 70 million yuan. Due to the particularly large amount of money involved and the significant impact, the National Supervisory Commission will designate this case for investigation by a local municipal supervisory committee.
However, regarding the characterization of 70 million yuan, the defense believed that there was a major dispute, and therefore immediately communicated with the prosecutor when the case was transferred for examination and prosecution. However, the prosecutor stood firm on the prosecution's position, believing that with the amount of the crime, even if the plea of guilty will be proposed life imprisonment sentence. The case at once into a very serious point!
Second, the core of the case focus of contention: the defendant used his work to capture business information, through which he participated in other affiliated companies and profit, is a bribe or disciplinary action?
The defendant in the unit sent out to Europe to study, learned that a domestic joint venture company's European shareholders intend to divest, is looking for a receiver. The defendant reported to the leadership, the leadership that the project has investment prospects, so the company invested in the name of the project company. A number of years later, due to the Group's head office inventory that the investment process was flawed, the defendant's company was required to divest. At this time, the project company's performance is flourishing, the defendant and several other executives in order to maintain their own interests, as well as in order to grasp a certain degree of voice, decided in the process of the company's divestment and restructuring of the company elected a reliable personnel to acquire the project company's equity, disguised as to help their own equity holdings.
As for the “spokesman” acquisition of equity funds, the project company from the borrowing to solve, and then later with the project company profit dividends to be repaid. According to the agreement of the parties, the “spokesman” nominally acquired 100% of the equity of the project company, but actually enjoys 20% of the interests, the defendant and other four parties to hold 20% of the equity of the project company in anonymity. Thereafter, the project company did maintain high profitability, and the “spokesperson” also repaid all of the borrowed equity purchase money.2022, the “spokesperson” proposed to repurchase the defendant's equity, and based on the company's net assets at that time, the purchase price was estimated to be 150 million yuan, which was actually paid to the defendant. In 2022, the “spokesperson” proposed to buy back the defendant's equity, and the purchase price was estimated to be 150 million yuan based on the company's net assets at that time, and the defendant was paid nearly 70 million yuan.
The logic of the prosecution's allegations is another version of the facts: the defendant used his position to facilitate the “spokesman” and the project company to seek benefits, “spokesman” to the defendant gift 20% of the dry shares, constituting the crime of accepting bribes. The defendant is puzzled: obviously we support the “spokesman”, so that he became a shareholder from the professional manager, how he gave us equity? On the one hand, the defense from the fact that the original argument: is behind the scenes of the personnel elected “spokesman” on behalf of the shareholding, rather than ‘spokesman’ first acquisition of equity and then gifted to the people, it does not have such financial strength; on the other hand, from the " On the other hand, from the perspective of “seeking benefits”, the public prosecutor's allegations of seeking benefits are very small things, it is not worth the ‘spokesman’ to the huge amount of 70 million yuan of funds to pay bribes, and the defendant "to support the spokesman to become the actual control of the project company "Such obvious matters that have nothing to do with the defendant's authority are accused of helping matters, which also highlights the pale logic of the accusation in the link.
Third, repeated meetings, off-site investigation and evidence collection, accurate lock equity vein, agitation court to help the defendant to express the block in the chest
Frankly speaking, the case of crime and misdemeanor of the dispute is very subtle, to say clearly and do not recognize easy. The first time the defense met with the defendant, the facts of its statement and the facts of the charge is one thing, but told from a different perspective, the nature is very different. In the end is the acceptance of dry shares, or illegal business, seems to be just a thought.
In order to clarify the facts, the defense met with the defendant several times, went to the detention center as soon as he went to work, and would meet with him after work before leaving. In the process of meeting again and again, both sides of the idea gradually converge on the same frequency, the defendant's tightly locked brow slowly relaxed, the tone of voice also unconsciously relaxed up. Finally, the defender will be organized into a concise chart of the facts to the defendant, he slapped his thighs and said, that's what it means!
At the same time, the defense in the defendant's mailbox to find a years ago, and access to the relevant company's industrial and commercial data, to the defendant's version of the story told to provide strong corroboration.
In the trial, the defense in the prosecution's allegations outside the factual framework of another stove, clearly constructed another facts, the prosecution's accusation of logic faces a huge challenge. After the court, the family members of the audience swept away the haze of emotions over the past few months, said excitedly: we have been trying to say, today finally someone to help us say it clearly! The mood has never been so comfortable today!
Indeed, the defense attorney is to a large extent the defendant's “brain” and “mouth”, to help him think, to help his expression. For the defendant, the biggest frustration is not more than the reasoning. When the defense attorney said what he thought, so that the facts in court, the defendant is also a great psychological relief.
Fourth, criminal defense, is a professional battle, but also the battle of faith!
Looking back at the whole defense process, we deeply touched to judge a criminal defense lawyer is qualified standard, not only can solve the intricate legal problems, also lies in the face of “desperation” when there is no firm belief. This case review prosecution stage, the prosecutor put forward a life sentence recommendation; Even once claimed that the defendant did not actually collect the amount of additional charges; Case trial stage, the court required the defendant to pay all the fines in advance before talking about the sentence. Pressure from the defendant and his family, as well as the risk of uncertainty about the outcome of the case, all need to be carried by the defense, without a “big heart” is not enough to withstand! The result of this case is far from perfect, but the good thing is, the defense resisted the pressure, in the case of life imprisonment like a mountaintop, for the defendant to reasonably fight to the results of the imprisonment, to help him to further strive for favorable sentencing to clear the biggest worries!
