Recently, Yan Huainan, Jin Yuting lawyers acting on behalf of a street office deputy director of the suspected criminal case was sentenced to nearly 1.5 million yuan of bribes, the defendant, a large amount of property of unknown origin of nearly 2 million yuan. The defendant was sentenced to three years and three months in prison for accepting bribes, and four years in prison for the combined crime of unexplained large amounts of property.
In the sentencing of passive bribery offense strictly follow the amount of gradient of judicial practice, the amount of more than 1.5 million yuan of the case, according to the law belongs to the “amount of huge”, corresponding to the sentencing of imprisonment of more than three years to less than ten years, with reference to similar cases of adjudication practice, the benchmark sentence is usually six to seven years of imprisonment. With solid practical experience in defense and accurate grasp of the facts of the crime, the defendant successfully secured a lenient sentence of three years and three months' imprisonment for the crime of accepting bribes through targeted and refined defense, which was substantially lower than the expected sentence, and achieved the justice of appropriate punishment and crime with professional strength and full commitment.
First, the case express: nearly 1.5 million bribe + large amount of property source unknown, double crime superimposed, sentencing pressure highlights
Before the case, the defendant was the deputy director of a street office, and during his tenure from 2017 to 2025, he used the convenience of his position to provide assistance to a number of units and individuals in the contracting of projects, business expansion, etc., and illegally accepted nearly 1.5 million yuan of property. At the same time, the bank card under his control contained nearly 2 million yuan of property that clearly exceeded the legal income and could not be accounted for, suspected of accepting bribes and the crime of unknown origin of large amounts of property on two counts.
According to the Criminal Law of the People's Republic of China and relevant judicial interpretations, the standard of “huge amount” for the crime of accepting bribes is 200,000-3 million yuan, and the corresponding penalty is imprisonment for more than three years and less than ten years. Combined with the defendant's bribe amount of nearly 1.5 million yuan, without special mitigating circumstances, six to seven years of imprisonment is a common ruling range in judicial practice, and then superimposed on the crime of large amount of property of unknown origin, the two crimes are punished together, the sentencing of the risk of aggravation is very high.
Second, the defense attack: multi-dimensional force, building a solid foundation for lenient punishment
The grim reality of sentencing in front of the defenders accepted the commission, quickly take over the case, through a comprehensive combing file, carefully check the case file, many times to meet with the parties to build a systematic, precise defense strategy, from a number of key dimensions to break through the bottleneck of sentencing.
The first is to accurately advocate for the circumstances of the surrender, to fight for the core of the legal mitigation of the fulcrum. Defenders in-depth combing through the case, the defendant was notified by the unit disciplinary committee by phone, took the initiative to return to the unit to cooperate with the investigation, and gradually and truthfully confessed all the facts of the crime after the case. Although the monitoring authorities initially grasp the suspected bribe of 20,000 yuan of part of the violation of the clues, but has not yet reached the crime filing standards, the defendant to the case has the initiative, the confession has integrity, in full compliance with the legal elements of surrender. Defenders accordingly focus on the defense of surrender, for the subsequent sentencing to lay the core legal basis for mitigation.
Secondly, comprehensive excavation of discretionary circumstances, maximize the reduction of sentencing range. According to the facts of the crime, on the one hand, emphasizing the quality and quantity of the projects involved in the acceptance of the completion of the project, no safety hazards or complaints from the public, did not cause tangible social hazards, did not cause adverse effects, and the defendant is passive bribery, the subjective malignancy of the smaller; on the other hand, to promote the defendant and his family members to actively return stolen goods of more than 200 million yuan, the defendant actively cooperate with the examination and investigation, take the initiative to admit guilt and repentance, seriously write a book of repentance, provide The defendant actively cooperated with the examination and investigation, confessed to his crime, wrote a letter of repentance, and provided past real-life performance and advanced deed materials, which fully demonstrated the defendant's sincere attitude of repentance and reformability, and the defendant had a momentary lapse of judgment, and had the conditions of education and correction.
Third, professional communication + procedural safeguards, cohesion of judicial consensus. In the course of the case, the defendant actively contacted and communicated with the procuratorial authorities, the trial authorities, and submitted written defense opinions many times, precise debates in court, combined with the rules of adjudication of similar cases, and clearly explained the reasons for lenient punishment, and maintained rational communication with the authorities with professional patience and the spirit of striving for the best, and successfully fought for the court's recognition of the core defense viewpoints.
Third, review and reflection: professionalism, synergy and temperature, to build the core logic of effective defense.
First, the precise anchoring of the core points of contention is the premise of effective defense. In the case of job crime, sentencing is not simply based on the amount of “right”, the legal mitigating circumstances of mining and argumentation is often the key to break through the bottleneck of sentencing. In this case, the defendant did not simply plead guilty and simplify the defense work, but focus on the “surrender” as the core statutory circumstances, by combing the details of the case, the integrity of the confession, combined with the “Criminal Law” and the “Supervision Law Enforcement Regulations” relevant provisions, the formation of a complete chain of evidence and legal argumentation system. Even if the court did not fully recognize the surrender, it successfully promoted the adoption of the confessional circumstance of “truthful confession”, which laid a solid foundation for the leniency of the sentence, confirming the profound connotation of “details determine success or failure” in criminal defense.
Second, the integration of multiple lenient circumstances, maximize the reduction of sentencing range. Effective criminal defense needs to build “statutory circumstances + discretionary circumstances” of the three-dimensional defense system. Defenders use “multi-point force, comprehensive argumentation” defense idea, not only advocate the surrender, confession and other statutory circumstances, more comprehensive excavation of the defendant did not cause tangible social harm, subjective malice, voluntary return of stolen goods and restitution, plead guilty and remorse, past work performance and other multiple discretionary circumstances, in line with the plea leniency of the criminal justice policy. Through the submission of project acceptance records, refund vouchers, repentance, advanced deeds and other evidence, a full display of the defendant's reformability and the particularity of the case, so that the court in the sentencing of the full consideration of the principle of “crime and responsibility and punishment fit”, to avoid the mechanical justice, and ultimately realize the sentencing range of a substantial reduction.
Thirdly, benign interaction and multi-party coordination is an important guarantee of successful defense. The process of criminal cases can not be separated from the lawyers, clients, family members and the case-handling organs of the multi-party cooperation. On the one hand, respect for the judicial authorities of the case process and professional judgment, actively maintain professional communication with the case-handling authorities, through written comments, trial debates and other ways to clearly convey the defense point of view; on the other hand, we should encourage the parties to take the initiative to cooperate with the investigation, sincere plea of guilty and repentance, and make every effort to coordinate with the parties and their families to carry out the work of refunding stolen goods and compensations, which forms a "lawyer professional defense + parties plea of guilty and repentance + family members actively cooperate The lawyer professional defense + the party pleads guilty and repentance + family members actively cooperate with the benign interaction pattern.
From nearly 150 yuan bribe amount and more than 2 million yuan of large amount of property origin unknown, breakthrough benchmark sentence, and finally combined execution of four years of imprisonment, behind this breakthrough in sentencing, is the defense lawyers on the precise interpretation of the legal provisions of the facts of the crime, the details of the case of the depth of the excavation, and is the client's sincere repentance, family members actively cooperate with the common results, but also the King&Capital Law Firm attorneys have always been firmly adhere to the “The pursuit of excellence, not to be entrusted” practice philosophy, in each criminal case, go all out, not only to safeguard the legitimate rights and interests of the parties, but also to help the judicial organs to achieve justice in individual cases, with the professional power of each party's life escort, to maintain social justice and contribute to a force.
