On the afternoon of December 31, 2025, after finishing their business trip to Ordos, Mr. Pan Nanyu and Mr. Zhou Wenda hurriedly rushed to Yijinhuo Luo Airport, planning to take a flight back to Beijing to welcome the new year with their families. However, due to the weather, the flight was delayed. The two lawyers sat in the waiting room, while waiting and silently hope that the trip goes smoothly, can not help but feel that life is always like the existence of the weather this force majeure, let a person feel helpless. But the two lawyers also know clearly, criminal defense matters, never belong to the category of “powerless” - it is built on the basis of professionalism, perseverance and believe in the law.
In Pan Nanyu, Zhou Wenda lawyer concerned about the flight dynamics, the cell phone screen lights up, the person X in the “forged state certificates case work group” sent a message: “two lawyers, I just got, not guilty!” Immediately dialed the phone, and then saw the X a photo sent “terminate the investigation decision”, the instrument on the “no criminal facts” the words clear and strong. At that moment, the two lawyers were heartily relieved for X Mou - this is not only a sudden New Year's gift, but also a complete relief of his four-year-long mental pressure. It was also at that moment that the radio sounded: “Passengers on flight XXXX please start boarding.” The delay and the good news, the waiting and the finalization, intertwine into a complete narrative at this moment. This year has finally come to a successful conclusion.
So far, by Pan Nanyu, Zhou Wenda lawyers acting on behalf of X suspected of forgery of documents of state organs, the case was formally closed with not guilty.
First, into the “party members”, also trapped in the “party members”.
In July 1921, a group of young people with an average age of only 28 years old created the Communist Party of China (CPC). Since then, generations of advanced elements embracing ideals and beliefs to go forward, in the tide of history through the thorns and thistles, together cast the party through the great journey of a century.
X Mou, a post 80's student with excellent grades since his student days, was admitted to a well-known 211 university in Beijing to study for a master's degree. Although successful in his studies, he has always had a regret in his heart: he was not able to join the party organization during his school years. This political pursuit has not faded with time, even though he has successfully founded a large educational training organization after working for many years, which is regarded as the representative of successful career by the outside world, he still regards joining the party as a noble spiritual goal. 2018, one day, X Mou in the WeChat circle of friends to see a close friend showed the “party membership card”, the heart of the long-lost yearning was renewed. The long-lost yearning was rekindled. He immediately contacted this friend, consulting the relevant procedures to join the party. The other party showed great “righteousness”, quickly promised to help him for.
Under the guidance of his friend, X Mou seriously prepared a series of materials such as the party application, party activists thought report, reserve party member thought report and application for transfer. Just a month later, friends will send a “CPC A company branch committee” official seal of the “party membership card”. x a question: they are not employees of the company A, why the party membership will be attached to the company? Friends just vaguely said “later can be adjusted”, X did not ask again.
In the following three years, X has been on time to pay party fees, and many times to the university donations, in order to take practical action to practice his understanding of the responsibility and honor of the party members. However, one day in March 2021, two criminal police officers suddenly came to his company and brought him to the criminal investigation case center after a brief inquiry. It turned out that a number of executives of Company A were investigated by the police for the crime of forgery, forgery, trading of state organ documents, and X, who held a “party card” issued by the company's party branch, was also considered a related person in the case. Subsequently, X was placed in criminal detention for 30 days. After he was released on bail, he thought that the matter had come to an end. Until later the company needs to apply for a passport to carry out cross-border business, he was told in the immigration hall, “there is still a criminal case under the name of the case is not yet closed,” which realized that his case is not really closed.
Over the past four years, Mr. X has repeatedly contacted the authorities in charge of the case, and the reply he received was always “still under investigation”. During this period, the company's business conditions continue to decline, and even the payment of wages to employees are difficult, he founded the enterprise was on the verge of stagnation. In the midst of difficulties, X was introduced to find Pan Nanyu, Zhou Wenda lawyer. After a preliminary analysis, the two lawyers judged that this is a typical innocent “hanging case”, and accept the commission defense, until he was finally acquitted. But the two lawyers also always have a question: why such a relatively clear facts, legal disputes focus on clear cases, will be shelved from 2021 to 2025 is still not concluded? Behind this actually exists what knot?
Second, internal differences, into a hanging case
According to China's Criminal Law, the crime of counterfeiting, forgery, sale of state organs documents, in the objective aspect requires the perpetrator to implement one of the acts of counterfeiting, forgery or sale of state organs documents. Specifically:
Forgery means that a person who is not authorized to produce a document makes a false document in the name of a State organ;
Alteration, which refers to the tampering of authentic state organ documents by means of alteration, splicing and so on;
Buying and selling, which refers to the purchase or sale of state organ documents in consideration of money or other property.
In this case, the police have confirmed after preliminary examination, X in the process of obtaining the “party membership card” did not pay any fees, so the suspicion of “buying and selling” can be ruled out first. At the same time, the “party membership card” by the A company's higher party organizations review and approval of the production, and stamped with a real, valid party branch seal, the production of the subject and the procedure have the form of legitimacy, so the “fabrication” of the allegations is difficult to establish.
Then, the key question is centered on: whether belongs to the “forgery”? In this regard, the investigating authorities within the obvious differences of opinion. One point of view that, as long as X fictional identity of A company employees, the documents obtained on the basis of inaccurate information, the essence of the act of forgery. Another point of view, the view that there is a logical implausibility: the other people involved in this case are around the “sale” behavior is being held accountable, if a separate accusation of X “forgery”, not only is it difficult to fit the overall case, in the construction of the evidence and behavioral characterization also seems to be It is not only difficult to fit the overall case, but also seems incompatible with the construction of evidence and characterization of behavior.
It is because of the internal understanding can not be unified, the case characterization deadlock, resulting in a delay in the procedure can not be advanced, and ultimately formed a four-year-long “hanging case”.
Third, the real “party membership card”, why “forgery”?
In-depth study of the case materials, Pan Nanyu, Zhou Wenda lawyer noted a key fact: X did in the application process fictionalized its identity as an employee of A company. However, is this enough to directly equate to the criminal law “forgery of documents of state organs”?
In order to clarify this issue, we should not limit ourselves to the literal interpretation of the criminal law provisions, but should expand our vision to the entire normative system involved in the document. The core object of this case is the “party card”, its production, management and accountability, should first be placed in the framework of the party regulations.
Disciplinary Regulations of the Communist Party of China has clear provisions on this:
Article 73 states that, do not truthfully fill in personal records, and even tampering, falsification of personal records, the more serious cases will be given a warning until the Party probation and other disciplinary measures.
Article 80 further stipulates that anyone who adopts fraudulent means to develop party members, or who issues party membership certificates for non-members, shall be held accountable for party discipline.
The above provisions clearly reveal that: for the development of party members in the process of falsehoods, inaccurate materials and other issues, the primary and fundamental basis for dealing with the party's disciplinary norms, rather than criminal law, X filled in the inaccurate information, the nature of the act is a violation of organizational discipline, should be corrected through the party disciplinary procedures, and did not reach the level of social harm that requires the intervention of the criminal law.
In addition, from the criminal law theory of criminal composition analysis, “forgery” behavior is the essence of the document production authority and the illegality of the production process. The “party membership card” in this case was issued by the party organization with approval authority in accordance with the relevant procedures and stamped with an authentic official seal. In other words, the document itself is “real” - the subject of its production is real, the seal is real, the issuance process also exists. Therefore, even if there are flaws in the underlying information, should not reverse its nature as a “real document”, and should not be directly applied to the “forgery” of the criminal law evaluation.
Fourth, “police officer, please answer my question positively”.
Based on the above analysis, Pan Nanyu, Zhou Wenda lawyers systematically organize and form a written opinion of innocence, and then went to the criminal investigation center, and the police officer who undertook the case face to face. The other side is a police officer about fifty years old, after listening to the two lawyers brief description, he said: “you talk to me this useless, now not under my control, you go to our leaders.” This is a common practice “evasive” response - when the case officer is not sure of the case or want to avoid a direct response, will often lead the problem to the leadership level. This kind of situation two lawyers in practice many times, and the key to crack, is not to fall into this kind of procedural shirking cycle.
Zhou Wenda immediately responded: "According to the requirements of the lifelong system of judicial responsibility, the case is the responsibility of the specific contractor, rather than simply by the leadership of the decision. x police officer, please respond positively to my question. If you really can't answer, can you ask the chief of criminal investigation to be present to explain?" After a few rounds of communication, several officers in the next office were also attracted over, and they all began to discuss the complexities of the case. Pan Nanyu then took out the legal provisions prepared in advance and said facing the crowd, "All the officers are familiar with the regulations of the Ministry of Public Security, Article 186 of the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs clearly states that, after investigation, if some of the suspects in a joint crime are not sufficiently punishable by criminal penalties, the investigation should be terminated for that suspect. In this case, the other co-defendants had already been sentenced to prison terms, but only X's case had been pending for three years. If there is indeed a need to continue the investigation of evidence, why three years has not yet been obtained? If there is no new evidence for a long time, why the delay in closing the case?"
A younger police officer looked at the legal texts in the hands of the two lawyers and said, “Counselor, we still need to report to the leadership.”
“Then, please accept my attorney's opinion and commissioning procedures, these materials may help clarify the case vein.” After saying that, the two lawyers put the documents on the desk and turned to leave.
V. Director's Reception, Innocent Case Closed
After this meeting, Pan Nanyu, Zhou Wenda lawyer I still maintain communication with the police officer in charge of the case, and through the text message: "X police officer hello, on the termination of the investigation of X application materials have been submitted to the case management team. The case has been pending for a long time has caused continuous disturbance to his work and life, I earnestly request you to assist in advancing, thank you very much." Surprisingly, the other party quickly replied, “Roger, we need to look into it.” This response made the two lawyers realize that defense lawyers and case officers are not necessarily antagonistic, the two sides can actually work together to promote the proper handling of the case in accordance with the law - only in the procedural blockage, the lawyers had to be “forced to the mountain”, take a more resolute approach, in order to Defend the legal rights and interests of the client.
After a period of time, Pan Nanyu, Zhou Wenda lawyers continued to exchange legal opinions with the case officer, and gradually promote their acceptance of the view of innocence. However, the case was once again blocked at the final approval stage: the director delayed signing the approval. The case officer also expressed helplessness, and revealed that the Bureau has no precedent of “not guilty of the case”.
How to convince the director? Most of the public security organs usually have a leadership reception day, after the two lawyers many times on-site registration and explanation, the reception of the police by the lawyer's persistence, and ultimately assisted in reporting the situation to the deputy director level. Subsequently, the two lawyers were invited to the criminal investigation center of the conference room, the deputy director and two or three police officers were present, the atmosphere is solemn. The deputy director first spoke: “your comments we have reviewed, but still need further discussion.” Attorney Pan Nanyu immediately unfolded the prepared evidence, pointing to the key pages and stating, “Director, from the beginning to the end, X did not pay any fees to obtain the documents, and his fictitious identity should be dealt with in accordance with the ”Regulations of the Communist Party of China on Disciplinary Actions", which belongs to the category of disciplinary infractions and does not constitute a criminal offense. At present his business has fallen into operational difficulties, even the wages of employees are difficult to protect. As the leadership of the public security organs, I believe that you also do not want to see the case due to the long delay led to nearly a hundred employees lost their jobs, which in turn led to social problems. If the people's lives are very difficult, how can we talk about building the rule of law?"
At these words, the police officers present looked grave. Zhou Wenda lawyer continued to add: "Even if there is no similar precedent, the progress of the rule of law is precisely from a breakthrough from nothing to something. Every case handled properly according to law, is the rule of law construction solid forward witness." In response to the various concerns they raised, the two lawyers analyzed and explained one by one. Eventually, the deputy director agreed to transfer the case to the legal department for approval.
A week later, X was notified by the police and received the Decision on Termination of Investigation, which clearly stated that there were “no criminal facts”. Thus, this lasts for four years “hanging case” finally settled, realize the innocent case.
This paper not guilty instrument, not only means the end of the legal process, but also on the citizen's personal reputation of the official restoration, so that it can get rid of “hanging” brought all kinds of constraints, restart career and life. This case also reflects, “hanging” clean up is not only the realization of individual justice, but also the rule of law system is constantly self-improvement, in response to the people's expectations of fairness and justice is vividly embodied. May every case can be timely and just disposal on the track of the rule of law, so that the people really feel fair and just in every judicial case.
