Recently, Beijing King&Capital Law Firm, Zhang Sijia lawyers undertook the Chen Moumou fraud case second session of the court in court sentencing. His client Chen Moumou involved in the amount of more than 80 million, illegal income of more than 8 million, facing more than 12 years of imprisonment.
After many communications with the prosecuting authorities, the public prosecutor adopted most of the defense opinions of the defense, the court sentenced 7 to 9 years imprisonment, the court initially tends to sentencing for 8 years and 6 months. Zhang Sijia lawyer in hearing the sentencing proposal, based on the legal rights and interests of the client to defend, immediately feel anxious.
During the panel deliberation, Zhang Sijia lawyer around the case of key circumstances to the prosecutor argued, and then took the initiative to communicate with the judge, again the case involves all the mitigating, mitigating circumstances one by one dismantling, detailed elaboration, insist on arguing.
This need half an hour to the end of the trial, in ZhangShiJia lawyers unremittingly insist and reasoning, adjournment of two hours, the public prosecutor in court to change the sentence of 6 years -8 years, the court finally partially adopted ZhangShiJia lawyer's defense, sentenced ChenMouMou guilty of fraud 6 years and 6 months imprisonment, the court reduced 2 years of imprisonment, and get an effective defense.
In the face of many people involved in the case, the audit report is doubtful, key evidence contradictions and other multiple challenges, Zhang Sijia lawyer with solid professional skills, meticulous work attitude and reasoned defense spirit, from the factual findings to the sentencing circumstances breakthroughs, successfully for the parties to a number of lighter, mitigating circumstances, its professional skills and dedication not only maintains the legal rights and interests of the parties, but also gained the judicial authorities highly recognized, the prosecutor, the prosecutor, the court reduced the sentence by 2 months. Highly recognized by the judicial organs, prosecutors and judges are evaluated as a responsible and pragmatic lawyer.
First, the case overview and defense difficulties
This case involves a handmade agent of telecommunication network fraud case, the defendant Chen Moumou was accused of participating in fraudulent activities as an agent and play a major role, is the main offender. The amount of money involved is up to more than 80 million yuan, the amount is particularly huge, involving more than 10,000 victims. However, the amount involved in the whole case was 400 million yuan. Joint crime, Chen Moumou and He Mou common planning to open hairpin factory, He Mou as the boss, responsible for the overall control, purchase of raw materials and arrangements for delivery, receipt, inspection, settlement, etc., Chen Moumou as a direct agent, responsible for publicity, recruiting agents, embroiderer orders, receive and pay funds to be flow, the number of orders, orders, etc., has a key role. The whole process of ChenMouMou actively implement criminal acts, play a major role, is the main offender, according to the law should be in accordance with its participation or organization and command of all the facts of the crime to be punished. The case involves more than ten related personnel, and involves a large number of subordinate agents and embroiderers, the relevant capital flow and order data is complex.
The defense of this case is faced with a number of difficulties: first, the two audit reports there are orders duplicate statistics and other issues, need to be analyzed from the authenticity of the evidence, the legality of the level of analysis, to reduce the amount of money involved; second, the defendant Chen Moumou the identification of the self-surrender problem; third, the joint crime in the division of the master and accessory is more controversial, need to be from a number of dimensions of the development of rigorous argumentation; fourth, the defendant reported eight facts of the crime, the decision to establish a case Four, two of which have been sentenced, is a major merit or general merit is also the case of the determination of the key issues; Fifth, the witness testimony there are repeated and contradictory, part of the statement lack of effective evidence to support, need to accurately identify the effectiveness of the evidence; Sixth, on the return of stolen goods, guilty plea, active abandonment of the crime, the social harm, the subjective malignancy of the lesser, first-time and occasional and the consequences of this case, such as the circumstances of the sentence need to be accurate defense. Seventh, more than 500 volumes, involving a huge amount of evidence materials, covering a number of audit reports, a large number of people involved in the case testified, a large number of transfer records and chat records, combing and verification of the workload is extremely heavy.
Defense Strategy and Core Work
In the face of the complexity of the case and the challenges, Mr. Zhang Sijia quickly developed the core defense strategy of “clarifying the facts, focusing on sentencing, and communicating accurately throughout the entire process”, and built up a solid defense line through multi-dimensional and fine-tuned work.
(A) deep plowing case file, accurate deconstruction of the facts of the controversial focus
During the defense process, Zhang Sijia reviewed the evidence of the whole case page by page and checked repeatedly, focusing on breaking through the audit report as the key evidence of the controversy, and ultimately found that the audit report had duplication of orders, and the settled amount was still listed as the unsettled amount of the error. The attorney strongly advocated that the disputed amount be deducted from the amount of the crime in accordance with the “principle of doubt in favor of the defendant”.
In addition, the lawyer made in-depth analysis of the authenticity of the witness statements, and by comparing the changes of a large number of witness statements, pointed out that the statement about “Chen Moumou taught the crime pattern” was added at a later stage, lacked other objective evidence, and belonged to the speculative expression of shirking responsibility, which provided an important support for the accurate determination of the facts of the case.
(ii) Precise refinement, comprehensive excavation of sentencing circumstances
On the basis of factual defense, Zhang Sijia comprehensively combed around the sentencing circumstances, and constructed a multi-level mitigating and alleviating defense system. Through in-depth analysis of the crime mode, division of labor, profit distribution, participation time and other key facts, the lawyer clearly pointed out that Chen Moumou in the joint crime only undertake to collect the order, transfer the material fee agent duties, the nature of its behavior is similar to the nature of the labor dispatch, and did not participate in the core aspects of the fraud, according to the law should be recognized as an accessory.
Chen moumou's major merit performance, the lawyer detailed combing its return to the case after the prosecution of 8 suspected fraud crime clues, 4 of which have been investigated by the public security organs, and the mode of involvement with the case is consistent with the impact of a wide range of criteria, in line with the determination of major merit, according to law, can be mitigated punishment; In addition, ZhangShiJia lawyers emphasize that chen moumou is the initiative to turn himself in, and in the investigation, prosecution, the entire trial stage are Truthful confession of the main facts of the crime, according to the law with the legal circumstances of the surrender, the nature of its own behavior does not affect the defense of the establishment of the surrender.
At the same time, the lawyer actively promote the return of stolen goods, Chen Moumou and his family raised funds, and voluntarily surrendered the illegal income of 4.8 million yuan, maximize the recovery of the victim's economic losses; Combined with Chen Moumou is a first-time offender, occasional offender, without any previous convictions, subjective malice is relatively small and other discretionary circumstances, the lawyer to build up a complete and persuasive chain of sentencing defense.
(C) the whole communication, efficient delivery of the core points of defense
Zhang Sijia always believes that effective communication is an important guarantee for accurate defense. Before the trial, Zhang Sijia lawyer repeatedly with the prosecutor, the judge on the case of factual findings, the effectiveness of the evidence and other core issues for in-depth communication, one by one to clarify the problems of the audit report, the contradictions of the witnesses' testimonies, as well as Chen Moumou with the mitigating and extenuating circumstances, for the trial laid a solid foundation for the defense; trial, the lawyer around the focus of the controversy to comprehensively express the defense opinions, for the prosecution to respond to the views of the precise and Rebuttal, the objectivity of the evidence, relevance, legality of the meticulous examination, clear presentation of the core views of the defense; After the trial, for the sentencing controversy, ZhangShiJia lawyers take the initiative to carry out full and careful communication with the prosecutor and the panel, its defense views have been the judiciary's full attention and recognition.
Third, the defense results
The amount of money involved in this case is more than 80 million, illegal income of more than 8 million, according to the law, this case can be sentenced to 12 to 14 years of imprisonment. The court finally partially adopted Zhang Sijia's defense opinion, and sentenced Chen Moumou to 6 years and 6 months imprisonment for the crime of fraud.
Conclusion
According to Habermas' theory of negotiation, the vitality of law lies in negotiation. Judicial practice skills, of course, can not be separated from the solid professional skills, but equally important, is in the professional basis of effective consultation ability. The fundamental value of the lawyer system, is to maximize the maintenance of the legal rights and interests of the parties. The fundamental path to the realization of this value lies in the effective defense, based on the evidence and facts to make professional judgment, and fully consider the risk of the case. Successful defense of this case, that is, under the premise of respecting the prosecution's allegation of guilt, fully articulate the legal and discretionary circumstances affecting sentencing and reasoning; from the fraud corresponding to more than 10 years of imprisonment benchmarks, to the initial recommendation of the prosecution of 7 to 9 years, and then adjusted to the court after 6 to 8 years, and ultimately fixed at 6 years and 6 months of imprisonment, which is full respect for the facts, effective communication and negotiation achieved by the Case-by-case justice. The high recognition of the prosecutor and the judge is not only a personal recognition of Mr. Zhang Sijia, but also reflects the respect of the legal professional community for each other's profession, and the recognition of professional ability and integrity. King&Capital Law Firm lawyers are convinced that through the joint efforts of the legal professional community, we will be able to realize the beautiful vision of the rule of law.
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