1. Basic case
Pan Wei is the project manager of the guarantee business department of an investment guarantee company in Shanghai. He participated in providing a 15 million guarantee project for L Import and Export Trading Company. He is responsible for business investigation, issuing preliminary review opinions, implementing counter-guarantee measures, etc., and receives a benefit fee for decorating a marriage house. When Pan Wei was investigated by the public security organs for his suspicious behavior, he truthfully confessed the above-mentioned criminal facts, and was later detained in Shanghai No. 2 Detention Center.
The People's Procuratorate of Pudong New District believes that the defendant Pan Wei, as a non-state employee, used his position to accept finances and seek benefits for others, and the amount is huge. He should be held criminally responsible for the crime of accepting bribes by non-state employee, and sentenced to fixed-term imprisonment of more than five years, and may also be confiscated from property. If the defendant surrenders himself, he may be given a lighter or reduced punishment and file a public prosecution with the People's Court of Pudong New District. The family of the defendant Pan Wei hired lawyer Li Xiaohua from Shanghai Li Xiaohua Law Firm as the defense lawyer.
2. Focus of controversy
Can the defendant Pan Wei apply for probation?
3. Defense strategy
Li Xiaohua's lawyer team has formulated a defense strategy of "factual defense as the basis, sentencing defense as the core, and striving for probation as the goal":
1. Comprehensive review of the case file and accurate qualitative: In-depth analysis of case file materials, confirm the accuracy of conviction, reach a consensus with the public prosecution agency on the case characterization, and lay the foundation for frank communication.
2. Consolidate the statutory leniency: Focus on fixing the surrender of the parties, and coordinate their families to complete the "full return of stolen goods" before court to maximize the losses.
3. Dig deep into the discretionary lenient circumstances and highlight the highlights of defense:
1) Analyze the crime motives and introduce the defense view of "marriage house": This is one of the "key highlights" of the defense of this case. Through multiple meetings, the lawyer learned in-depth understanding of the case background and found that the main purpose of the defendant's property was to "decorate his newlywed house." Based on this, the lawyer proposed to the court that the motive for the parties to commit a crime is not for personal squandering or illegal business, but for "the urgent need to start a family". The subjective malice is significantly different from the situation of accepting bribes to satisfy personal greed, and the social harm is relatively small. This view provides a "important basis for humanized considerations."
2) Emphasize first offenders, occasional offenders and consistent performance: Based on the above motivations, it is emphasized to the court that the parties involved are first offenders and occasional offenders, and have performed well in their past work, have no previous record and have sufficient evidence of character.
3) Successfully obtained the regulatory authority to accept: clear up obstacles to seek probation.
4. Submit accurate sentencing defense opinion: In the defense statement, the lawyer integrates the motives of "for marriage", surrender, return of stolen goods, first offenders, occasional offenders, etc., and effectively proves that the defendant is extremely low in personal danger and fully meets the statutory conditions for the application of probation.
4. Case Results
After Li Xiaohua's lawyer team had a reasonable, well-founded and conservative defense during the trial, the collegial panel was successfully persuaded to fully adopt the defense opinion.
The court ruled that the defendant Pan Wei was sentenced to three years in prison and four years of probation for "no state staff to accept bribes". The defendant reunited with his family before the Mid-Autumn Festival and regained his freedom.
5. Practical Inspiration
With his superb professional ability and rigorous defense strategy, Li Xiaohua's lawyer team achieved remarkable defense results in this case. Faced with the complex case of the defendant Pan Wei being accused of accepting bribes by non-state staff and having a huge amount, the team deeply analyzed the details of the case and accurately grasped the special circumstances of "wedding house decoration" as the starting point for defense. Through the outstanding performance of reasonable, well-founded and conservative in the trial, the collegial panel successfully persuaded the collegial panel to adopt the defense opinion.
This result fully reflects the value of humanized law considerations and lawyer defense, and realizes the organic unity of legal effects and social effects.
6. Legal link
The Supreme People's Court issued the "Guiding Opinions on Implementing the "Private Economy Promotion Law of the People's Republic of China" 3. Guide and regulate operations in accordance with the law and promote the healthy development of the private economy 8. Punish criminal acts such as corruption within private economic organizations in accordance with the law. Accurately grasp the legal application standards for corruption crimes involving private economic organizations, release guiding cases and typical cases in a timely manner, and help normalize the legal publicity activities in private economic organizations. Strengthen research and guidance, punish and effectively curb coercion of bidding crimes in accordance with the law, give full play to the role of case warning, deterrence and education, and lead and standardize the market economic order.
(The characters and units in the article are pseudonyms)