King & Capital Criminal Defense Attorneys Score Major Win in Obtaining A No Prosecution Decision on Criminal Fraud Charge

Time:2020-07-09 Source: The Author: Browse: Print Font Size:T|T
  King & Capital criminal defense partner Nie Sufang and his litigation team scored a significant win on behalf of the client, Mr. Fang.  Nie and his team obtained a "Non-Prosecution" decision from the people's procuratorate on May 9, 2020.

  The police had initially detained Fang for failing to supply goods after receiving payment in over RMB 4 million.  Fang's trade partner had brought a suit against him for contractual fraud for failing to provide products and breach of contract.

  Attorney Nie's success was due to his extensive discovery of the critical evidence, careful legal analysis, and conducting persistent negotiations with the prosecutor. Nie focused mainly upon the prosecutor's lack of evidence necessary to prove its burden to establish the commission of the alleged crime. Nie conducted extensive interviews with Fang, who remained at the detention center. He also analyzed critical lapses in evidence. In particular, Nie discovered that Fang had neither been personally involved with the transaction nor had performed the core trade dealings.  Attorney Nie concluded that Fang's conduct and actions did not amount to the evidence required to prove the foundational elements of contractual fraud - the act and intent of the crime.

  Attorney Nie challenged the prosecutor to reevaluate and reconsider the lack of evidence in their case.  Nie had submitted submissions thrice to the people's procuratorate based on newly found evidence.  He also convinced the procuratorate to return the case twice to the police for supplemental investigation. Based on these efforts, Nie successfully raised a reasonable doubt in the prosecutor's case. Finally, on May 9, 2020, the people's procuratorate, convinced by Attorney Nie, had announced it decided not to prosecute Mr. Fang and directed his immediate release.

  King & Capital 's criminal defense partner Nie Sufang and his defense team, including legal intern Shang Hua, are applauded for their exemplary work. King & Capital Attorneys continue to strive as leading criminal defense attorneys in China.