King & Capital Litigation Team of Zhu Yonghui and Nie Sufang Establishes A Successful Defense and Obtains a Rare No Prosecution Decision by the Procurator Following a Criminal Trial

Time:2020-04-20 Source: The Author: Browse: Print Font Size:T|T
  On June 6, 2013, a litigation team that included King & Capital's director, Mr.  Zhu Yonghui, and partner Ms. Nie Sufang, achieved a victory, bringing sufficient evidence to cause the Procurator to withdraw all criminal charges brought against King & Capital's client. The Procurator, nine months following a criminal trial defended by Zhu and Nie, issued a No Prosecute Decision.

  In the criminal case, the Procurator charged the client, Hua, an employee of a chemical company, with falsely issuing VAT invoices involving taxes of approximately 200 million yuan. The Procurator had wrongly claimed Hua had issued false invoices, maintaining no actual goods  involved in the sales transaction.

  Zhu and Nie faced nearly an impossible task at defending the client.  They entered their appearance at a late stage, at the trial.  Zhu and Nie, conducting an extensive examination of the client's transaction, accounted for, and verified, all the products identified in the deal were sold and delivered.  They also accounted for all the funds involved in the sales transaction. The transaction documents included the bill of lading documentation; other companies (not by Hua or his company) involved in the deal had altered these documents to avoid consumption taxes.

  Moreover, Zhu and Nie established that the client, Hua, could not be held criminally responsible, for he was not the real party in interest as the alleged wrongful conduct was that of enterprises other than Hua's company. Also, he was not a business manager of the company with sufficient knowledge of the transaction processes.

  Zhu and Nie successfully established to the Procurator and the Court that the client should not be held criminally liable for acts related to other business entities, and the charge for the crime of falsely issuing VAT invoices was wrongfully brought based on these facts.

  As a result of the vigorous defense led by the litigation team of Zhu Yonghui and Nie Sufang, the Procurator made a decision not to prosecute the client, Hua.