Against the backdrop of normalized, high-pressure anti-corruption efforts and the deepening implementation of reforms to the supervision system, the investigation and prosecution of official misconduct cases continue to focus on key sectors and critical areas. As case structures grow increasingly complex, the difficulty of defending such cases far exceeds that of other criminal cases. Given the current industry landscape—characterized by highly closed investigative procedures, high professional thresholds for evidence review, and a continuously narrowing scope for sentencing defense—effective defense has become all the more valuable.
Recently, Senior Partner Liu Lijie and full-time attorney Qian Hao of King&Capital Law Firm successfully concluded multiple cases involving official misconduct. Through meticulous, full-process professional defense work, they secured significantly reduced sentencing for their clients, achieving high-quality and effective defense within a stringent judicial environment and fully safeguarding their clients’ legitimate rights and interests.
I. Bribery Case Involving a Former Department-Level Official of a Central State-Owned Enterprise:
Cross-Provincial Case Handling with Comprehensive Defense, Securing Dual Protection of Sentence and Assets
Core Charges
The client, a former department-level official at a central state-owned enterprise, was designated for cross-provincial detention and investigation by the Central Commission for Discipline Inspection and the National Supervisory Commission on suspicion of bribery in areas such as work assignments and construction projects. The case was assigned to a different jurisdiction. The investigating authorities determined that the client had accepted property far exceeding 3 million yuan by taking advantage of his official position, constituting an exceptionally large amount, with the corresponding statutory sentence being fixed-term imprisonment of ten years or more.
Key Defense Points
The core evidence in the case contained certain flaws, and there were obstacles in recognizing statutory mitigating factors such as the client’s voluntary surrender and meritorious service. Additionally, issues regarding the nature of the involved funds and the application of fines—which directly impact the client’s core interests—also needed to be addressed.
Defense Strategy
After multiple meetings with the client and a comprehensive review of the case files, the legal team identified the flaws in the evidence as the primary focus and targeted sentencing mitigating factors to formulate a comprehensive defense strategy combining “sentencing defense” and “property defense”:
1. Engaged in in-depth communication with the prosecuting authorities regarding the flaws in the case evidence. By combining the facts of the case with legal provisions, we comprehensively demonstrated the legal basis for the client’s voluntary surrender and meritorious service, laying the legal groundwork for a reduced sentence;
2. Regarding issues such as the application of fines and the determination of the nature of funds already surrendered, we presented independent and professional defense arguments. While seeking leniency in the sentence, we comprehensively safeguarded the client’s legitimate property rights.
Judgment Outcome
The People’s Court ultimately sentenced the client to six years’ imprisonment, achieving a reduced sentence below the statutory maximum. Additionally, the client’s legitimate rights and interests regarding the disposition of assets involved in the case were fully safeguarded, thereby achieving the defense objective of protecting both the sentence and the client’s property rights.
II. Case of the Former Party Secretary of a Town in Beijing Accused of Bribery:
Dual-Track Defense Strategy Leads to a Five-Year Sentence Despite a Statutory Maximum of Over Ten Years
Core Charges
The client, a former Party Secretary of a town in Beijing, was detained for investigation and transferred for prosecution on suspicion of bribery in the construction sector and other areas. The investigating authorities determined that the amount of bribes involved exceeded 3 million yuan. According to the Criminal Law and relevant judicial interpretations, this constitutes an “exceptionally large” amount, carrying a statutory sentence of ten years or more.
Key Defense Points
The core defense strategy in this case focused on two key areas: first, there was controversy regarding the characterization of certain facts within the alleged bribery amount, and whether these could be reduced directly affected the sentencing bracket; second, the client’s circumstances upon surrender were unique, and there was a clear divergence in the assessment of the self-surrender circumstance.
Defense Strategy
After the legal team became involved, we abandoned a single-track sentencing defense approach and formulated a dual-track defense strategy targeting both the “amount” and the “circumstances” of the case, applying pressure from both directions to achieve a breakthrough:
1. Conducted a meticulous, in-depth review of all case evidence, cross-checking each alleged fact individually. Based on deficiencies in the chain of evidence, we submitted professional legal opinions clearly stating that certain alleged facts do not constitute the crime of bribery;
2. We comprehensively reconstructed the client’s detailed account of the incident, deeply analyzed the legislative intent and judicial adjudication rules regarding the recognition of voluntary surrender, submitted multiple written legal opinions and case law search reports, and engaged in multiple rounds of written and oral communication with the prosecuting authorities to vigorously advocate for the lawful recognition of the voluntary surrender circumstance.
Judgment Outcome
The People’s Court ultimately sentenced the client to five years’ imprisonment, representing a significant reduction from the statutory sentence of ten years or more, successfully securing a reduced sentence for the client.
III. Bribery Case Involving the Actual Controller of a Pharmaceutical Company:
Securing a Reduced Sentence for a Bribery Amount in the Tens of Millions Amid High-Pressure Anti-Corruption Efforts in the Medical Sector
Core Charges
This case arose against the backdrop of a special campaign against corruption in the medical sector. The client, the actual controller of a pharmaceutical company, was placed under detention for investigation by a supervisory authority in another jurisdiction due to a related bribery case. The investigating authorities determined that the client had bribed others with nearly 10 million yuan to secure business benefits, an amount meeting the standard of “particularly huge.” According to the Criminal Law, the corresponding statutory sentence is fixed-term imprisonment of ten years or more.
Key Defense Points
The bribery amount involved was nearly 10 million yuan—a massive sum—resulting in a high sentencing threshold. There was significant controversy regarding the characterization of certain alleged facts as extortion and the recognition of the defendant’s voluntary surrender as a mitigating factor.
Defense Strategy
After the legal team became involved, they adopted a strategy centered on “meticulous verification and precise defense arguments.” They comprehensively reviewed the entire case file, meticulously cross-referenced every detail of the nearly 10 million yuan in alleged bribery, and formulated a targeted defense plan:
1. Regarding core facts such as the payment context, the nature of the requests made, and the nature of the funds involved, we raised the key defense argument that a portion of the alleged amount was the result of extortion;
2. We fully reconstructed the circumstances of the client’s surrender to authorities, mapped out the timeline of their statements, and, in conjunction with judicial interpretations and adjudication rules, comprehensively demonstrated that the client’s actions met the statutory requirements for voluntary surrender, providing core support for a reduced sentence;
3. Maintain professional and effective communication with the procuratorial and judicial authorities throughout the process, continuously advocating for the adoption of defense arguments to secure the most favorable judicial outcome for the client.
Judicial Outcome
Following the trial, the People’s Court sentenced the client to six years’ imprisonment. Given that the bribery amount involved was nearly 10 million yuan and the statutory sentence was ten years or more, the defense successfully secured a reduced sentence and a lower sentencing tier for the client.
IV. Defense Review:
Core Methodology for Effective Defense in Official Duty Crimes
As anti-corruption efforts continue to deepen, the handling of official duty crime cases has become increasingly standardized, placing higher demands on the professional capabilities of defense attorneys. The successful outcomes in the aforementioned cases were not accidental but stemmed from a deep understanding of the patterns of defense in official duty crime cases and a consistent, meticulous defense philosophy:
1. Full-process, proactive defense strategy: Breaking away from the traditional mindset of “prioritizing trial over pre-trial proceedings,” we formulate a comprehensive defense plan from the very outset of the case. During the review and prosecution stage, we identify core defense arguments and engage in professional communication with the prosecuting authorities in advance, thereby laying a solid foundation for trial defense and sentencing negotiations.
2. Meticulous Evidence Review as the Core Approach: We reject the habitual mindset in official misconduct cases that “prioritizes confessions over documentary evidence.” Through a thorough, penetrating review of all case evidence, we identify critical flaws in factual determinations, financial calculations, and the assessment of aggravating circumstances, thereby providing solid evidentiary support for our defense arguments.
3. Prioritizing both sentencing and the disposition of assets involved in the case: Treating the disposition of assets as a distinct defense module, we focus not only on securing a lenient sentence for the client but also comprehensively address issues such as the recovery of assets, the application of fines, and the protection of family members’ lawful property, thereby ensuring the full-spectrum protection of the client’s legitimate rights and interests.
4. Precise Application of Law and Support from Case Law Research: When statutory circumstances are disputed, we provide clear judicial references to prosecuting authorities through in-depth interpretation of legislative intent, judicial interpretations, and rules governing the coordination between procuratorates and courts, combined with case law research reports, thereby significantly increasing the adoption rate of our defense arguments.
The core of criminal defense lies in maximizing the client’s legitimate rights and interests within the legal framework. Attorneys Liu Lijie and Qian Hao of King&Capital Law Firm have consistently grounded their practice in professionalism, adhering to the guiding principle of “Living up to the trust placed in us and pursuing excellence.” Through their deep expertise in the field of criminal defense, they have achieved substantial results.
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