Recently, King&Capital Law Firm lawyer Li Wei represented an investment platform technician suspected of illegally absorbing public deposits case ushered in the final result: in the same case, other people have been sentenced to severe situation, Li Wei lawyer through precise defense strategy, successfully help the client to reduce nearly a million of illegal proceeds, and ultimately strive for the procuratorate's decision not to prosecute.

First, the golden 37 days: precise blocking, successful bail

This case is a well-known investment platform core technical personnel, mainly responsible for network platform infrastructure work. After the case, the party suspected of illegal absorption of public deposits was taken compulsory measures. After the intervention of the lawyer, the first time to meet with the client and detailed understanding of the case, and keenly put forward the defense, the client as a technician, the content of their work has a strong professionalism and independence, and the core business decision-making level there is an essential difference.

In the “golden 37 days” of the arrest stage, the lawyer submitted to the procuratorial organs of the detailed defense opinions, focusing on the characterization of the client's behavior and social danger. The lawyer pointed out that the person's work belongs to the neutral business behavior, is the normal performance of work duties, subjectively no criminal intent. In the end, the procuratorial authorities adopted the lawyer's opinion, and made a decision not to approve the arrest on the 37th day, and the client was successfully changed to be released on bail pending trial, which laid the foundation for the subsequent acquittal / misdemeanor defense.

Second, audit attack: extracting the silk from the cocoon, reducing millions of illegal income

After the case is transferred to the prosecution, the face of up to more than 200 million yuan income audit amount, Li Wei lawyer did not blindly recognized, but the two audit reports for the pen by pen, item by item in-depth analysis.

The lawyer found that the audit report on the amount of money involved in the calculation of the parties there are logical loopholes, part of the money should not be counted as illegal income. Accordingly, the lawyer to the procuratorial authorities should recalculate the amount of income and should be deducted, after many rounds of communication and reasoning, and ultimately succeeded in reducing the amount of money involved by more than 200 million yuan to more than 1 million yuan, the key amount of change, for the party to save nearly a million dollars of expenditure.

Third, technology neutrality: the same case has been sentenced, and finally not prosecuted.

Another major difficulty in this case is that the other people involved in the same case had previously been sentenced by the court for related crimes, which usually means that the characterization of the case is no longer controversial, and the space for the defense of the following people was extremely compressed. In the face of this dilemma, Li Wei lawyer insisted on “technology neutrality” defense ideas. The lawyer pointed out that the person concerned as the bottom of the structure of the technical staff, the technical support provided by the Internet industry is a common neutral service, not directly involved in the platform of the illegal operation of the funds, its behavior does not have a direct causal relationship on the infringement of the legal interests of others.

In the end, the procuratorial authorities comprehensively considered the lawyer's defense of “technology neutrality”, the substantial reduction of the amount of money involved in the case, as well as the performance of the person concerned, and considered that the person concerned had committed a minor crime, and made a decision not to prosecute in accordance with the law.

Conclusion

From 37 days to successfully get bail, to illegal income reduction of millions, to the same case has been sentenced in the background of the non-prosecution results, the successful handling of this case, not only saved a technician's career, but also once again proved the key role of professional defense in criminal cases. Li Wei lawyers with exquisite professional ability and meticulous analysis of the case, in every step of the litigation for the parties to maximize the legal rights and interests, a vivid interpretation of the King&Capital Law Firm lawyers “the pursuit of excellence, not to live up to the spirit of the practice of the trust”.

Translated with DeepL.com (free version)