In judicial practice, the line between the crime of contract fraud and civil fraud or breach of contract is extremely blurred. Both may involve fabricating facts, concealing the truth, or defects in performance, making it highly likely for civil disputes to result in criminal prosecution—a situation that poses immense challenges for defense attorneys. Zhang Deshan, a senior criminal defense attorney at Beijing King&Capital Law Firm, has specialized in defending clients accused of fraud-related crimes for many years. Drawing on his solid legal foundation and extensive practical experience, he has successfully handled numerous complex and challenging fraud cases. Recently, he achieved another significant defense victory by helping a client suspected of contract fraud secure release on bail, thereby effectively safeguarding the client’s lawful rights and interests.
The amount involved in this case was enormous, meeting the statutory threshold for “particularly huge” sums under the crime of contract fraud. According to the Criminal Law and relevant sentencing provisions, a conviction would result in a mandatory prison term of ten years or more—making this a truly major case carrying a severe sentence, with an extremely low margin for error in the defense and extremely high criminal risks. After the criminal case was filed, the client was immediately placed under criminal detention by public security authorities and held in custody, with his personal freedom completely restricted, leaving him in an extremely precarious and passive situation. Coupled with the massive amount involved and the apparent sufficiency of evidence for conviction, the difficulty of defending this case far exceeded that of ordinary criminal cases arising from civil disputes, and the time available for the defense was extremely limited.
At this critical juncture, the client’s family immediately retained Attorney Zhang Deshan of Beijing King&Capital Law Firm to take on the case. With years of specialized experience in criminal defense for fraud cases, Attorney Zhang Deshan deeply understood the key to defending such high-stakes contract-related cases. He rejected the conventional approach of focusing solely on the monetary amount and instead concentrated on the core issue of the case’s legal characterization to mount a precise defense, firmly seizing the breakthrough point in the criminal defense strategy. The core of a lawyer’s approach lies in strictly distinguishing the fundamental boundary between criminal contract fraud and civil fraud. In judicial practice, the fundamental distinction between the two lies in the presence or absence of intent to illegally appropriate property—which is also the key determinant of guilt or innocence in this case. Ordinary civil performance defects or isolated acts of fraud do not equate to the criminal offense of contract fraud. Even if there are partial inaccuracies or defects in the performance of a contract, as long as they do not affect the overall genuine performance of the contract and there is no intent to illegally appropriate property, the statutory elements for the crime of contract fraud are not met.
Faced with the unfavorable circumstances of the case—involving a large sum of money and a high risk of immediate conviction and sentencing—Attorney Zhang Deshan took an unconventional approach, comprehensively dissecting the case by focusing on its essential legal characterization. The attorney meticulously reviewed all transaction records, communication logs, and evidence of contract performance, verifying and substantiating each item to clarify the core facts of the case: The client maintained a genuine intent to cooperate and fully performed the contract throughout the entire process. The case involved only localized, partial fraud and performance defects during contract execution; there was no fabrication of core transactional facts, nor was there a complete abandonment of contract performance. These defects did not in any way affect the authenticity or legality of the contract’s overall performance. Based on this, it was fully demonstrated that the client had no subjective intent to illegally appropriate the funds in question. The essence of the dispute fell within the scope of performance disputes and civil fraud arising from a commercial partnership, and was by no means a criminal offense of contract fraud. This completely overturned the basis for the criminal charges in this case.
Based on a detailed review of the case and rigorous legal analysis, Attorney Zhang Deshan submitted a targeted professional legal opinion to the public security authorities. He comprehensively elaborated on the distinction between criminal and civil matters in this case, the core arguments for acquittal, and the supporting evidence; systematically dismantled the prosecution’s logic for criminal charges; and clearly demonstrated that this case lacks both the factual and legal basis for criminal liability, steadfastly maintaining the client’s defense of innocence.
After multiple rounds of communication and thorough legal explanation, the investigating authorities fully adopted the defense’s arguments, acknowledging that the case fell within the scope of a civil dispute and that no criminal offense had been committed. Ultimately, thanks to Attorney Zhang Deshan’s professional and efficient defense, the client was successfully granted bail pending trial within 30 days of detention, regaining his personal freedom. This not only swiftly reversed the unfavorable situation in the case but also laid a solid foundation for the subsequent complete dismissal of the case on grounds of innocence and the clearing of his name.
Moving forward, Attorney Zhang Deshan will remain committed to his original mission in criminal defense, focusing on complex criminal cases. He will leverage his professional expertise to identify key breakthroughs in cases, maximize the protection of his clients’ legitimate rights and interests, and provide meticulous, high-quality criminal defense services to every client.
