-Original: Wang, a criminal defense lawyer
foreword
"Innocence is a fluke, and it is helpless to stop the above-mentioned" fruit "without Lai Zuen's punishment: it blocks the future of children and hurts the kindness of loving mothers; The lawyer will accompany you for a while, and you will cultivate yourself for life. "
-Lawyer Zibo Wang.
1995 since the professional criminal defense, handled fraud cases: 2 cases were not prosecuted; 1 get state compensation; 4 not guilty; The public prosecution agency withdrew the case 1 case; Two suspended sentences.
It seems that I have special experience in dealing with fraud or contract fraud cases.
A few impressive cases:
1, Gong XX fraud case, no prosecution.
Four defendants in one case. I checked the file and found that the investigation agency was very arrogant. After the defense, no prosecution.
2. Wang X's fraud case, ten years in the first instance, defended in the second instance, and went home without guilt.
I used to be a "product partner" of an enterprise, but I was detained for fraud because of unpaid payment and other factors. I came forward to apply for bail pending trial; He was detained for about a year and was sentenced to 10 years in prison at first instance.
After the appeal, I went home on bail pending trial. It's been twenty years, and nothing has happened.
3. Li X's fraud case, ten years in the first instance, defended in the second instance, and went home without guilt.
I worked hard for ten years and didn't appeal, in order to see the children after the judgment came into effect.
I said, would you rather go home without feeling guilty and spend every day with your children, or go to jail?
Under my persuasion, I appealed, went home on bail and reunited with my children.
4.Shoux fraud case, the public prosecution agency withdrew the prosecution.
It's the same as Wang X-filial piety, but the units are different. An interesting thing about this case is that when the case came to court, the defendant's family told a detail: the parties reached a mediation agreement and determined the repayment plan, and the materials were taken away by the case handlers.
But this material is not in the archives. I asked the parties to find investigators and hand them over to the court. Shoux Camp was released on bail pending trial and returned to China.
Shoux camp sent me a car to thank you. I didn't ask for it, but also gave me a Taishan stone, which has been sitting in my office.
5. He Chengx's fraud case has been released on bail for several years.
Foreigners were arrested in other places, and relatives came to me to defend them, and they were released on bail pending trial.
I summed up this case as follows: lawyers intervened in time.
First, the suspect's family entrusted a lawyer for the first time, which was timely; Second, as a defense lawyer, I will go through the formalities immediately and meet him immediately. It is very important to explain the legal provisions to the suspect before the prosecutor in charge of arresting the suspect is brought to trial.
I remember just after the meeting, I found the police car of the procuratorate coming, and I deliberately "dodged".
Why? Because, if the prosecutor sees me and finds that the lawyer met the suspect, he will think that the suspect made a confession under the guidance of experts.
6, Guangdong Lin XX fraud case, no prosecution, and get compensation.
Very interesting case. After I don't sue, on behalf of the state, some people in the procuratorate are very unhappy. I still argued, and finally, I lost 14000 yuan. Lin XX gave me a set of "lovers' watches" after she came out, saying it was gold, and it turned white after a few months, hahahaha.
7, Yang XX fraud case, suspended.
This case is at stake. One trial, two postponements, other defendants appealed, and the second trial was actually postponed three times.
Yao Nv X fraud case, released on bail pending trial.
An "export-oriented" enterprise was cheated by foreigners for millions. The investigation agency arrested Yao X, and his mother entrusted other lawyers, who asked me to handle it together. During the period, the injured party sought me through various channels, and I still defended according to law. After Yao X went home on bail pending trial, the injured party wrote to the secretary of the municipal party committee, asking me to teach the suspect to retract his confession. The justice bureau investigated me. The conclusion is that "Lawyer Wang handled the case according to law".
Why are you suing me, the lawyer who helped?
8. Liu X was arrested for contract fraud involving 10 million yuan. After defense, he was released on bail pending trial.
After the suspect was arrested, his family asked me to defend him. I thought the case should make progress, so I said, "I still trust my intuition, and it's not necessarily hopeless."
However, the suspects and their families just don't have confidence, and I can't send them a WeChat: Please build up your confidence and work together.
In the end, the suspect was released on bail pending trial.
The innocent defense process of fraud
In this case, the names of people and places are pseudonyms.
summer
A low mountain with dense vegetation, the locals say it is a treasure trove of geomantic omen.
There is a new cemetery on the south side of the hillside, which is very big. A large crowd is having a funeral.
The old lady in this family just died.
The old lady has two sons and a daughter.
This family is famous in the local area. In the early days of reform and opening-up, it was the first "Green Sea City" to advertise on TV stations, including trading companies and restaurants.
At the time of separation, the eldest son "Linshan" got a large-scale hotel, the second son "Mulin" got a trading company, and the daughter also got a lot of property.
A few years later, due to business problems, the hotel closed down and the eldest son spread all over the country, looking for new development opportunities.
Hundreds of kilometers away in Tianzhou, the vice mayor in charge of industry and the leaders of several functional departments are driving to Green Sea.
In the wave of investment promotion, Lin Shan set up a trading company in Tianzhou six months ago, which is responsible for promoting the specialties of Tianzhou, and now the trade volume has reached several million. The company manager's mother died, so it is appropriate for him to express his mind as the leader in charge.
The leader of "Tianzhou City" came, but "Linshan" hid. Because "Linshan" is well aware that his economic strength is far from what he claims, the leaders of "Tianzhou City" will naturally be exposed.
The behavior of "Linshan" aroused the vigilance of the leaders of "Tianzhou City", and only when asked did they know that they had been cheated.
After I came back, I reported the case to Tianzhou Public Security Bureau and arrested Lin Shan, who confessed to the crime of fraud. He explained that the goods were sent to his brother's "forest tree" trading company and then sold.
The "Tianzhou City" Public Security Bureau arrested "Lin Mu" again on the grounds that they were both guilty of the same crime.
The Lins know that no matter whether Linshan constitutes a crime or not, Linshan has been operating normally and it is impossible to cheat with Linshan. Moreover, "Linshu" gave all the payment to "Linshan" through the bank.
The Lins' daughter knew that the "forest tree" had been wronged and tried to let the "forest tree" go home as soon as possible. Two months later, there was still no result, so he came to me for consultation and defended the "forest tree".
In the investigation stage, after I handed over the formalities to the case-handling personnel, I asked to meet the criminal suspect "Lin Mu", and the case-handling personnel evaded it with various excuses. It takes more than 200 kilometers to walk from the law firm to the case-handling unit at a time. Looking for the case handler for the fourth time, you are allowed to meet, but you can't ask about the case.
"How can I give legal advice without involving the case?" After hard work, the case handlers agreed to ask about the case, but they could not ask about the specific situation.
Only two lawyers can meet the criminal suspect, and the law stipulates that the case-handling personnel can be present. In order to know as much as possible about the case application and provide high-quality legal services for the parties, I intend to arrange another lawyer to talk with the case-handling personnel to divert the attention of the case-handling personnel and delay the time.
Through meeting with the criminal suspect, I learned that Lin Mu's brother defrauded the trust of the relevant units from the crime scene and gave the goods worth more than two million yuan to Lin Mu for purchase. But "mother Lin" knew nothing about how her brother got the goods, and all the money was paid to her brother. Obviously, "forest trees" have no purpose of illegal possession and no intention of fraud, and should not constitute fraud.
Article 25 of the current Criminal Law stipulates: "* * * Intentionally identical crime means that two or more persons intentionally commit the same crime."
That is to say, if you want to constitute a * * * crime, you must have a * * * criminal intent. The criminal intent of * * * means that every * * knows that he is cooperating with others to commit crimes through intentional communication with criminals, recognizes the nature of * * *' s criminal behavior and the harmful results of this behavior, and hopes or lets this result happen. If the actor doesn't know the true crime intention of others, the nature of the crime committed by others, or is deceived by others, or participates in the crime committed by others in his own misunderstanding of the nature of the crime, it can't be considered that the actor has committed the same crime with others.
I conveyed my opinions to the case handlers in detail from the legal point of view. However, the reconnaissance agency still transferred it to the local public prosecution agency for prosecution.
I handed over the defense procedure to the public prosecution agency, communicated with the case handlers 10 times, and printed my defense opinions to the case handlers, suggesting that "Lin Mu" be released without charge. After hard work, the procuratorate decided not to prosecute the "forest tree" according to law and put the "forest tree" back home.
Lin Mu, who was imprisoned for nearly a year, was very grateful and sent a banner with the words "Legal protection is as heavy as a mountain" to express his gratitude.
"Linmu" has entrusted the state compensation to me and completed the entrustment procedures.
I went to the "Tianzhou City" procuratorate and submitted an application for state compensation for "forest trees". The prosecutor who received me asked me to go out later.
Ten minutes later, the prosecutor took me to an office on the second floor. The doorplate says "Deputy Attorney General's Office". There are four people in the office, including myself.
As soon as I entered the door, one of them asked me rudely, "Can your lawyer represent the state in compensation cases?"
"yes." I answered.
"You give me a legal basis!"
I saw some books in the bookcase in the office, including law books. Although I stood at the door nearly four meters away, I could still see the contents of the book clearly because of my good eyesight, so I looked into the bookcase with my eyes to see if I could find out the relevant laws and regulations from the books in the bookcase.
"What are you looking at? This is a procuratorate, not a park! "
"When handling a case, you can't take books with you. I want to see if I can find the legal provisions from the books in your bookcase. "
"I ask you to give me specific regulations, don't look around here!"
I couldn't help myself any longer and said angrily, "The rules are for you to find. I am the agent of the case and have no obligation to give you a class! " "
Come out with that.
The prosecutor who went up to the second floor with me grabbed my hand and wouldn't let me go. I threw it away, went out, took a bus back to the office and said to the people in the office, "As long as it's the phone of Tianzhou City Procuratorate, just say I'm not here."
Because according to the law, after the parties apply for state compensation, the respondent must reply within the statutory time limit, otherwise the applicant can apply to the state organ at the next higher level of the respondent, which will expand the influence and be unfavorable to the applicant.
Half a month later, the "Tianzhou City" procuratorate called me many times, but I didn't answer. Finally, I received a registered letter, which read: Lawyer Wang, please hand in your agency procedures.
Seeing that the time was ripe, I handed in the formalities.
The procuratorate made a decision: compensation for "forest trees" 1.4 million yuan.